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Muhammad Lutfi Hakim
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Journal of Islamic Law
Published by Institut Agama Islam Negeri Pontianak
ISSN : 27215032     EISSN : 27215040     DOI : 10.24260
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
JIL: Journal of Islamic Law emphasizes specifications in the discourse of Islamic Law and Social Institutions, communicates actual and contemporary research and problems concerning Islamic studies. This journal openly accepts the contributions of experts from related disciplines. All published articles do not necessarily represent the views of journals, or other institutions that have links to journal publications. The journal focuses on Islamic law studies, such as Islamic family law, Islamic economic law, Islamic criminal law, Islamic political law, Islamic astronomy (falak studies), with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economics and is intended to communicate the original researches and current issues on the subject. This journal warmly welcomes any contributions from scholars of the related disciplines.
Arjuna Subject : Umum - Umum
Articles 81 Documents
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Dynamics of Marriage Age Limits in Indonesia: A Study of Psychology and Islamic Law: Dinamika Batasan Usia Perkawinan di Indonesia: Kajian Psikologi dan Hukum Islam Yusuf, Yusuf
Journal of Islamic Law Vol. 1 No. 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (620.892 KB) | DOI: 10.24260/jil.v1i2.59

Abstract

Article 7 of Law No. 1 of 1974 established that the minimum age of marriage for men is 19 years old and women 16 years old. The regulation was amended through Law No. 16 of 2019 which sets the minimum threshold for marriage for men and women to be married is a minimum age of 19 years. Changes to the minimum marital boundaries are of course intended that the age of marriage becomes an inward part with the goal of marriage, animating the basis of marriage and it is hoped that in the future it will be able to minimize conflicts in the household. Unfortunately, the marriage age limit still causes dynamics. By using library research, there are three results of this study. First, Islamic law does not specify a minimum age for a bride and groom who will carry out the marriage. The foqoha’ differ in opinion in determining the age of maturity of a person in carrying out marriage but has the same goal, namely to establish goals rather than Islamic law. Second, psychologists think that the age of adulthood (adolescent) is right in carrying out marriage, that is someone who is 21 years old and so on. Third, the consequences of premature marriages will arise legal problems, biological problems, psychological problems, social problems, and problems of deviant sexual behavior.
Criticism of Feminist Thought on the Rights and Obligations of Husband and Wife from the Perspective of Islamic Family Law: Kritik Pemikiran Feminis terhadap Hak dan Kewajiban Suami Isteri Perspektif Hukum Keluarga Islam Hermanto, Agus; Ismail, Habib
Journal of Islamic Law Vol. 1 No. 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (516.072 KB) | DOI: 10.24260/jil.v1i2.61

Abstract

In the Islamic concept that the husband is the head of the household and the wife is the housewife, but the development of the wife is looking for income in public spaces. What is interesting to study is, is it possible for the wife to become a partner in the household? With the aim, to get scientific insights about the rights and obligations of husband and wife that are relevant to the current context. This study is a library study that has qualitative research types. For criticizing the feminist concepts about the rights and obligations of husband and wife, I used Maslahah theory with philosophical-sociological approach. Feminists interpret the rights and obligations of husband and wife in the household, arguing that contextually the wives are no longer in charge of being housewives, but rather help to make a living in the public sphere, for the sake of justice, equality, democracy and doing good. Things this is not an absolute thing, but an offer and casuistic that should not be provoked because the concept of Islam has brought benefit if applied properly.
Fiqh Conception of the Jam?’ah Tabl?gh’s Da'wah during the Covid-19 Pandemic: A Study of the Da'wah Movement of the Jam?’ah Tabl?gh in Gorontalo: Konsepsi Fikih Dakwah Jam?’ah Tabl?gh pada Masa Pandemi Covid-19: Telaah Gerakan Dakwah Jam?’ah Tabl?gh Gorontalo Zaenuri, Ahmad
Journal of Islamic Law Vol. 1 No. 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (989.768 KB) | DOI: 10.24260/jil.v1i2.68

Abstract

This study aims to uncover the conception of jurisprudence used by the Tablighi Jama’at understanding the activities of da’wah and worship during the 2019 Coronavirus Disease pandemic. This is considered important because 68% of the positive case of the coronavirus in Gorontalo has close links with the activities of the Tablighi Jama’at during the pandemic season. This type of research uses qualitative research with the main approach in terms of phenomenology. Through a phenomenological approach, there are two main things that researchers will do. First, textual description, which is observing and analyzing factual data and events that occur empirically. Second, structural description. At this stage, the researcher interprets the opinions, judgments, feelings, and other subjective responses of the research subjects. As for the data that are argumentative, religion is reviewed with the fiqh and ushul fiqh approaches. The results of this study indicate that the conception of the Jam?’ah Tabl?gh dakwah carried out during the pandemic was purely Ijtih?di several figures (am?r) based on the literal use of the Qur’an and Sunnah without much considering the aspects of mashlahah and social mudharat. If it is analyzed based on the method of determining the fiqh law in qiy?s and s?dd al-dzar?’ah implementing Ijtim? Da’wah Jam?’ah Tabl?gh among a pandemic is not in line with the principles of the syar?’ah (maq?shid al-syar?’ah) that is to protect the human soul (hifdzu al-Nafs) and not in line with the prevailing conception of jurisprudence.
‘Iddah and Ihd?d for Career Women from Islamic Law Perspective: ‘Iddah dan Ihd?d bagi Wanita Karir Perspektif Hukum Islam Khoiri, Ahmad; Muala, Asyharul
Journal of Islamic Law Vol. 1 No. 2 (2020): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (644.745 KB) | DOI: 10.24260/jil.v1i2.71

Abstract

Islam enforces the iddah period for women who are being divorced by their husbands or their husbands have died. During this waiting period, women are limited in making up or grooming themselves and leaving the house (ihdad). The provision regarding the iddah period becomes problematic when faced with women who have to work to meet the needs of themselves and their families. This paper aims to explain the law for women who continue to carry out their daily lives by working outside the home from an Islamic perspective. The type of research that the author uses in this paper is a literature study. The author concludes that women working during the iddah period do not violate the provisions of the iddah period and continue to carry out the iddah period, even though the woman leaves the house to earn a living and the conditions vary. The prohibition for women during the iddah period is that it is haram to marry another man, it is forbidden to leave the house unless there is an emergency reason and it is obligatory to perform ihdad. Regarding professionalism in work, especially career women in their respective fields, it must be used as a form of carrying out Islamic law and carrying out their nature as a social human being. By considering moral ethics, iddah has protection in modern development, especially for women who are active in their respective fields.
Dinamika Usia Dewasa dan Relevansinya terhadap Batas Usia Perkawinan di Indonesia: Perspektif Yuridis-Normatif: Dinamika Usia Dewasa dan Relevansinya terhadap Batas Usia Perkawinan di Indonesia: Perspektif Yuridis-Normatif Asman, Asman
Journal of Islamic Law Vol. 2 No. 1 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i1.66

Abstract

The age of marriage is a matter of controversy in a wedding where the determination of the age of adulthood is very diverse, both from the perspective of national law and the perspective of Islamic law. Legal experts have mixed responses to the requirements of the age of women and men and become pros and cons in marriage. This is because the age limit for marriage in Islam is very different, whereas, in Indonesian regulations, it stipulates 19 years for men and women. This article aims to examine the dynamics of adulthood and its relevance to the age limit of marriage in Indonesia. This research method takes the type of literature research with a normative-juridical approach. In this paper, researchers look for sources of Islamic law and national law based on literature from books, laws, and references that support the author’s argument. There are three results in this article. First, it is crucial to realize the equal age of marriage in the marriage law based on equality. Second, there are differences in determining the age of adulthood in several laws and regulations in Indonesia, including the Marriage Law, which causes dynamics in implementing the age limit for marriage. Third, the provision of the marriage age of 19 for men and women must be adequately enforced. The Office of Religious Affairs does not serve marriages where the prospective partner is under 19. These three ideas follow the principles of benefit, which are the references for regulations in the Islamic world (maqāshid al-syarī’ah).
Interelasi Akal dan Wahyu: Analisis Pemikiran Ulama Mutakallimin dalam Pembentukan Hukum Islam: Interelasi Akal dan Wahyu: Analisis Pemikiran Ulama Mutakallimin dalam Pembentukan Hukum Islam Kawakib, Kawakib; Syuhud, Hafidz
Journal of Islamic Law Vol. 2 No. 1 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i1.127

Abstract

This paper aims to reveal and analyze the thoughts of Mutakallimin scholars on the interpretation of reason and revelation in the formation of Islamic law, which has been a debate. The debate was caused by several factors, including the understanding of the Quran and Sunnah texts, dwellings, social, and culture. In this article, the author finds that Mutakallimin scholars agree that the answer to Islamic law problems cannot be separated from the first source, namely the Quran and the Sunnah. If the Alquran and Sunnah are not found, then Mutakalimin scholars agree to use ijtihad and qiyas. Ijtihad and qiyas are the results of the mujtahid’s reasoning towards Allah SWT's revelations, whose meaning is still unclear, global, and general to reveal the purpose and purpose Allah's revelation regarding the problems of everyday human life. Thus, the Mutakalimin scholars position human reason in the formation of Islamic law as a mediation of the argument of ‘aqliyah to answer everyday human problems in worship, zakat, muamalah, economics, and politics. Besides, Mutakallimin scholars have different Islamic legal, methodological concepts, but the primary sources in forming mutually agreed upon Islamic law are the Alquran, Sunnah, ijma’, and qiyas. Ijma’ and qiyas here have an essential role in the mind's intellect towards revelation so that they can become a bridge in the formation of laws to answer human problems along with the place and era.
Problematika Implementasi Akad Mudh?rabah pada Perbankan Syariah di Indonesia: Problematika Implementasi Akad Mudh?rabah pada Perbankan Syariah di Indonesia Rasyid, Moh.
Journal of Islamic Law Vol. 2 No. 1 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i1.135

Abstract

This paper examines the implementation of the mudhārabah contract in Islamic banking in Indonesia, explicitly emphasizing the aspects of sharia, fiqh, and the DSN-MUI fatwa as a starting point. The urgency of this paper is in a position not only as constructive criticism of financial institutions that carry out a religious mission but also as a means of discussion for students, academics, and banking practitioners so that sharia banking operations remain on the rails of Islamic law. Because there are still many findings in the field regarding the incompatibility of Islamic banking operations with the provisions of fiqh and the DSN-MUI fatwa regarding mudhārabah, this research is qualitative research with a juridical-normative approach. This study concludes at least two things. First, the mudhārabah formula has evolved from the concept of direct financing to indirect financing. Second, in practice, the provisions of sharia, fiqh, and the DSN-MUI fatwa regarding mudhārabah are not fully implemented as they should be in some sharia banking or financial institutions in Indonesia. The provisions concerning guarantees and the imposition of capital compensation in the mudhārabah contract are the two things that are most susceptible to causing a gap between das sein and das sollen in Islamic banking.
Isolasi Mandiri dalam Islam: Kritik Metodologis Fatwa LBM PWNU Jawa Tengah tentang Anjuran Isolasi saat Wabah: Isolasi Mandiri dalam Islam: Kritik Metodologis Fatwa LBM PWNU Jawa Tengah tentang Anjuran Isolasi saat Wabah Nurdin, Nazar; Bintarawati, Fenny; Nihayah, Ulfatun
Journal of Islamic Law Vol. 2 No. 1 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i1.145

Abstract

This article intends to examine the recommendation to self-isolate infected with the plague within the framework of Islamic law. The study will focus on the fatwa on the LBM PWNU Jawa Tengah allowance of isolation. Isolation is an effective way of preventing the spread of the plague, reducing the number of infections. Isolation requires people to stay at home, not work or travel to public places. Even though there were isolation violations, the isolation policy was sufficient to reduce the infection rate in an area. Islam allows isolation to protect the human soul because it is part of the purpose of Islamic law. This paper is qualitative research written with a normative approach. The research data comes from library materials. The primary data source is the LBM PWNU Jawa Tengah fatwa regarding the recommendation for independent isolation, and the secondary data comes from books, journals, or other scientific publications related to research topics. After the data was collected, the analysis was carried out using a qualitative descriptive method. This study found that the opinion of Islamic law regarding the permissibility of isolation can be recommended as an effort to control infectious diseases. However, the result of this formula is not strong enough methodologically because it is sufficient to follow the opinion of jurists in standardized books. For legal opinion to be stronger methodologically, more efforts are needed to search for legal opinions to capture the meaning of the message according to the times.
Memetakan Skala Prioritas Kebijakan Penanganan Pandemi Covid-19 Perspektif Maqa?s?id al-Syari?’ah: Analisis terhadap Peraturan Perundang-Undangan di Indonesia: Memetakan Skala Prioritas Kebijakan Penanganan Pandemi Covid-19 Perspektif Maqa?s?id al-Syari?’ah: Analisis terhadap Peraturan Perundang-Undangan di Indonesia Rozi, Masykur
Journal of Islamic Law Vol. 2 No. 1 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i1.155

Abstract

The handling of the Covid-19 pandemic in Indonesia still has not shown significant results. It can be seen that the data shows that throughout almost a year of the pandemic has not been a decline in positive confirmed numbers. Many policies have been enacted as the basis for such handling. This article examines the priority scale and repositioning its priority in light of the maqāṣid asy-sayarī’ah perspective. The author uses ḍarūriyyāt khamsah as a method of mapping priorities through its conceptual framework. As for the operational function, the author borrows William N. Dunn’s theory of public policy arguments. The genre used is analysis for policy, wrapped in a qualitative approach using documentative data on the policy material manifested in Perppu Number 1 the Year 2020. This theoretical convergence makes ḍarūriyyāt khamsah an information base in finding and interpreting data, qualifications in objection, warrant, rebuttal, and backing. After seeing the priority, it will be used as a policy claim. After applying it to the policy, it can be concluded that the policy divides the pandemic dimension into two, namely health and its effects. Meanwhile, in the effort to handle them, both are not responded with proportional values. The government has prioritized managing its effects over health un from the perspective of ḍarūriyyāt khamsah, and health care should be given top priority because Covid-19 threatens lives directly. In contrast, the threat of pandemic effects threatens indirectly. The health agent is wasīlah ḍarūriyyah, while wasīlah handling pandemic effects is ḥājiyyah. This situation can change depending on the conditions in the field.
Kuantifikasi Objek Jual-Beli dalam Transaksi Borongan di Kota Metro: Perspektif Hukum Islam: Kuantifikasi Objek Jual-Beli dalam Transaksi Borongan di Kota Metro: Perspektif Hukum Islam Wahyudi, Ismail; Nasrudin, Muhamad; Sainul, Sainul
Journal of Islamic Law Vol. 2 No. 1 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i1.165

Abstract

This paper discusses the problem of buying and selling brown sugar in Metro City, which in practice has several exciting things to study related to Islamic law. First, weighing brown sugar together with wooden crates that have different weights. Second, weighing brown sugar using samples or samples. This paper focuses on discussing how Islamic law views the practice of considering brown sugar in Metro City. This phenomenon is studied using qualitative research and a case study approach. The data were obtained using field observation techniques, interviews with traders as sources, then analyzed through three stages: data reduction, data presentation, and conclusion drawing. The results showed that the practice of buying and selling brown sugar in the Metro City Market fulfills the pillars and requirements of buying and selling in Islamic law. Quantification of the objects of sale and purchase in packages at Metro Market based on Islamic Economic Law (HESy) refers to the concept of ‘urf (traditional customs). This practice is included in ‘urf hasan because it is based on convenience, trust, and volunteerism between the seller and the buyer. Thus, the applicable law of weighing brown sugar in Metro City is valid (shahih).

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