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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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Dinamika Konstitusi Islam: Dari Periode Kekhilafahan hingga Nation-State: Dinamika Konstitusi Islam: Dari Periode Kekhilafahan hingga Nation-State Sodiqin, Ali; Radiamoda, Anwar M
Journal of Islamic Law Vol. 2 No. 2 (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.v2i2.241

Abstract

The debate about the form of the state in Islam took place among Muslim intellectuals. Normatively, the unclear arguments about the relationship between religion and the state in Islamic sources are the leading cause. Historically, there are various forms of Islamic state practiced by Muslims from classical to modern times. This article discusses the dynamics of the constitution practiced by Islamic countries throughout history, from the Prophet to the present. Why is the Islamic constitution different in its arrangement and application in the history of Islamic governance? What are the factors that influence that diversity? The questions discussed in this article use a historical approach to mapping continuity and change in the Islamic constitution. In the period of the caliphate, there was no written constitution as the basis for statehood. The caliph is the constitution itself because of its absolute power. During the nation-state period, there were differences in the placement of Islam as a religious state, shariah as the only source of law, and judicial institutions that sought to adjust the compatibility of the shariah. Four factors cause the diversity of constitution in Islamic countries; the absence of specific rules about state administration in Islamic sources, the centralist and absolute power of caliph, the participation in the development of traditions that developed at that time, and the influence of western countries through colonialism in the Islamic world.
Penalaran Rasional dan Maslahah: Ijtihad Umar ibn al-Khattab pada Kasus-Kasus Kewarisan Islam: Penalaran Rasional dan Maslahah: Ijtihad Umar ibn al-Khattab pada Kasus-Kasus Kewarisan Islam Yusron, Muhammad
Journal of Islamic Law Vol. 2 No. 2 (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.v2i2.327

Abstract

The provisions of Islamic inheritance have been regulated in such detail and specific in the Qur’an and hadīth. However, several cases of Islamic inheritance produced by Umar ibn al-Khattab seem to contradict the provisions of the naṣh. This paper is a literature study with a normative-juridical study approach that aims to describe and analyze the results of Umar ibn al-Khattab’s ijtihād in inheritance cases that are ijtihādiyyah. This study indicates that the results of Umar ibn al-Khattab’s ijtihād in resolving inheritance cases are based on logical reasoning and are oriented to benefit (maslahah). This matter can be evidenced by giving 1/3 of the remaining part to the mother in the gharawain case, the unification of the inheritance of a sibling with a half brothers or sisters in the musytarakah case, and other inheritance cases such as ‘aul, radd, and inheritance of grandparents. Umar always prioritizes rational reasoning and maslahah in his interactions with naṣh. For him, a law is very much tied to the context of when and where it is enacted. Differences in time and place in the determination of law affect the results of ijtihād.
Strategi Pengumpulan dan Pendistribusian Zakat, Infak dan Sedekah untuk Kesejahteraan Umat: Studi Komperatif antara LAZ-UQ dengan LAZISNU Jombang: Strategi Pengumpulan dan Pendistribusian Zakat, Infak dan Sedekah untuk Kesejahteraan Umat: Studi Komperatif antara LAZ-UQ dengan LAZISNU Jombang Pramiswari, Riris; Amarudin, Amin Awal; Mustamim, Mustamim
Journal of Islamic Law Vol. 2 No. 2 (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.v2i2.331

Abstract

The high potential of Zakat, Infāq, and Alms (ZIS) in the Jombang Regency is not under the funds collected. This matter has resulted in many poor people in Jombang Regency. This paper explores the strategy of raising funds and distributing ZIS in two institutions, namely the Lembaga Amil Zakat Ummul Quro (LAZ-UQ) and the Lembaga Amil Zakat, Infak, Sedekah Nahdlatul Ulama (LAZISNU) Jombang. This study is a comparative study with a qualitative approach and uses observation and interviews as data collection techniques. The results showed three similarities in the collection of ZIS funds between ZIS at LAZ-UQ and LAZISNU Jombang, namely the separation between zakat funds and infāq, socialization through social media, and collaborating with several institutions. The difference is that LAZ-UQ relies more on fund transparency reports through bulletins and various program variations. In contrast, LAZISNU relies on socialization through recitations and mobilizing institutions under Nahdlatul Ulama. The author found that the variation of the LAZ-UQ program was more varied than that of LAZISNU Jombang from the aspect of the distribution of ZIS funds. LAZ-UQ carries out programs for providing business capital, sales groups, building stalls, the Independent Livestock Center program, Griya Orphans, and the Mandiri Prosperous Capital Program. Meanwhile, LAZISNU distributed ZIS funds through the qard hasan (productive) program, compensation to the poor, orphans, and widows, and paying off the interest on loans from small traders who owed moneylenders (consumptive). Although they differ in the collection and distribution of ZIS funds, the two institutions have the same goal of increasing the welfare of mustahik.
Keadilan Restoratif dalam Penanganan Anak Pelaku Tindak Pidana di Indonesia: Kajian Psikologi dan Hukum Islam Sriwiyanti, Sriwiyanti; Saefudin, Wahyu; Aminah, Siti
Journal of Islamic Law Vol. 2 No. 2 (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.v2i2.335

Abstract

Regulations on handling criminal children in Indonesia refer to restorative justice that prioritizes the most beneficial for children’s future. However, the number of child perpetrators of criminal acts whose handling through the judicial process is relatively high. This study aims to describe and analyze the application of restorative justice in Indonesia and acknowledge the psychological conditions and stages of adolescent development involved in criminal acts. In addition, this study also considers from an Islamic Law perspective. This paper is a literature review using legislation, journals, and books as primary data described descriptively. This study reveals that children aged 12-18 years are immature emotionally and cognitively and experience turbulent changes from various aspects that cause children to commit criminal acts. Thus, managing through the diversion mechanism is prioritized over the judicial process. The diversion mechanism regulating juvenile perpetrators of criminal acts aims to restore relationships, children’s best advantages and protect children’s rights based on restorative justice. The author argues that punishment for children must consider the child’s ability to take responsibility for the cases committed, not as revenge for the violations committed.
Negosiasi antara Hukum Positif dengan Hukum Islam: Penetapan Wali Nikah di Kantor Urusan Agama Idi Rayeuk, Aceh, Indonesia: Negosiasi antara Hukum Positif dengan Hukum Islam: Penetapan Wali Nikah di Kantor Urusan Agama Idi Rayeuk, Aceh, Indonesia Fadli, Fadli; Juliandi, Budi
Journal of Islamic Law Vol. 2 No. 2 (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.v2i2.329

Abstract

Indonesian Marriage Law stipulates that biological fathers have the right to become marriage guardians for children born less than six months of the age of marriage of their parents. The Office of Religious Affairs (KUA) Idi Rayeuk gave the guardian judge the authority to replace the biological father’s position to marry off his daughter. This article aims to determine how Indonesian Marriage Law and Islamic law were compromised and negotiated at KUA Idi Rayeuk in determining marriage guardians for children born less than six months of their parents’ marriage age. This research is normative-empirical research by using interviews and documentation collected during July-December 2019 as the data source. The results showed that the determination of guardian judges at KUA Idi Rayeuk for women born less than six months of marriage to their parents resulted from compromise and negotiation between positive law and Islamic law, especially Syafi’i fiqh. KUA Idi Rayeuk and religious leaders agreed to use Syafi’i fiqh to appoint judges’ guardians as marriage guardians for children born less than six months of their parents. marriage age. The result of these negotiations is that the marriage practice is given to the judge’s guardian following the practice of the penghulu representing the nasab guardian in marriage (representative guardian). The name of the judge’s guardian is not included in the documents related to the marriage.
Ketahanan Keluarga dan Implementasi Fikih Keluarga pada Keluarga Muslim Milenial di Gresik, Indonesia: Ketahanan Keluarga dan Implementasi Fikih Keluarga pada Keluarga Muslim Milenial di Gresik, Indonesia Fathoni, Achmad
Journal of Islamic Law Vol. 2 No. 2 (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.v2i2.332

Abstract

Family resilience is a national issue in improving the population’s quality during the rapid flow of information technology development. Ideally, the development of information technology makes life easier, especially for millennial Muslim families. The use of social media can cause problems in the family. This article aims to determine the resilience of millennial Muslim families in economic, social, and psychological aspects and implement family jurisprudence. This study is qualitative research with two data collection techniques: an online survey using a google form and interviews with three married couples in Gresik, Indonesia. The results showed that the resilience of millennial Muslim families was classified as good in terms of economic resilience, social resilience, and psychological resilience. Aspects of economic resilience are measured by employment status, income, and residence status. The aspect of social resilience is assessed from the pattern of communication and participation in social activities. Aspects of psychological resilience are seen from problem solving and efforts to maintain harmony in the family. These three aspects, consciously or not, have shown the implementation of family jurisprudence in millennial Muslim families in Gresik. The author argues that the better the implementation of family fiqh in a millennial Muslim family, the better the family resilience will be.
Conflict in Islamic Jurisprudence: Noel J. Coulson’s Historical Approach and His Contribution to the Study of Islamic Law Abdurrahman, Landy Trisna
Journal of Islamic Law Vol. 3 No. 1 (2022): 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.v3i1.495

Abstract

Islamic jurisprudence (fiqh) has a long history and has stagnated since the Middle Ages, whose impact is still being felt today. Various innovations have been braved enough to violate the boundaries of doctrine between schools of thought in Islamic judicial decisions in its development. It is this issue that Noel J. Coulson describes in Conflict and Tension in Islamic Jurisprudence. This article reviews the approach used by Noel J. Coulson to Islamic jurisprudence by asking two main questions. First, how are Noel J. Coulson’s approach and method in Islamic jurisprudence research? Second, how is Noel J. Coulson’s contribution to the development of Islamic law studies? The writer answered these two questions by using a bibliographic type of research. The author finds that Noel J. Coulson dissects the development of Islamic jurisprudence by using historical and sociological approaches. Noel J. Coulson argues that traditional fiqh (classical to the medieval era), contemporary fiqh and decisions in Islamic law courts constitute an actual legal entity. The author argues that Noel J. Coulson’s historical approach to Islamic law is still relevant so that Islamic law is not considered stagnant.
Legal Problems Using AstraZeneca Vaccine: Hermeneutic Analysis of the Fatwa of the Indonesian Ulema Council Sa'diyah, Miftahus; Masuwd, Mowafg Abrahem; Supandi, Ach. Faqih
Journal of Islamic Law Vol. 3 No. 1 (2022): 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.v3i1.496

Abstract

Recently, the Indonesian Muslim community has been shocked by the government's policy to use the AstraZeneca Vaccine to minimize the negative impact of Corona Virus Disease 10 (Covid-19). This policy is permitted by the Fatwa of the Indonesian Ulema Council (MUI), although it uses trypsin from pigs to make the vaccine. This article explains the legal problems of using the vaccine from a hermeneutic perspective. This research is a literature review using the MUI Fatwa Number 14 of 2021 concerning the Law on the Use of the Covid-19 Vaccine for AstraZeneca Products as primary data and analyzing it descriptively with a hermeneutic approach. The authors found that the MUI Fatwa Number 14 of 2021 was a direct request from the government and was used as a guideline for implementing the AstraZeneca Vaccine for Muslim communities in Indonesia. In determining the fatwa on the permissibility of using the AstraZeneca Vaccine in an emergency to create herd immunity against Covid-19, the MUI Fatwa Commission uses the qiyās and maqāsid al-syarī’ah methods. The use of these two methods can be seen from the citation of several fiqh rules and opinions of previous scholars. Even though there are contradictory responses to the MUI Fatwa, the only difference lies in the concept of istihālah (change of unclean objects to become holy) used by the fatwa institution.
Reasons for Polygamy and Its Impact on Muslim Family Life: Experiences of Polygamous Perpetrators in Babat, Lamongan, Indonesia Hakim, Abdul
Journal of Islamic Law Vol. 3 No. 1 (2022): 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.v3i1.529

Abstract

The discourse on polygamy has sparked controversy after Salafi clerics have intensively campaigned and practised polygamy. Meanwhile, the issue of polygamy is opposed by feminist activists because it is considered haram. For this reason, this article describes the contested responses of scholars regarding polygamy and its impact on Muslim family life in Babat, Lamongan, East Java, Indonesia. Using empirical research and a case study approach, the authors find that the concept of polygamy most compatible with Islamic family law in Indonesia is the concept of polygamy proposed by most fiqh scholars. They argue that polygamy is allowed under strict conditions, especially justice. The opinions of these scholars became the basis for the perpetrators to practice polygamy because his first wife was barren, requests from his first wife and interest in other women. The author finds that most polygamists impact disharmony in fostering family life, evidenced by the first wife and second wife always fighting. In addition, the author also finds a harmonious polygamous family. The husband's role as the head of the family who is firm and supported by wives who accept each other is the key to harmony in the family life of polygamists.
Women's Rights and Gender Equality: An Analysis of Jasser Auda's Thoughts and His Contribution to Renewal of Islamic Family Law in Indonesia Utsany, Royan; Tw, Afrizal; Khamim, Khamim
Journal of Islamic Law Vol. 3 No. 1 (2022): 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.v3i1.530

Abstract

There are still many practices of marginalization and subordination of women. An incomplete understanding of the Qur’an and hadith is the main reason. Women have the same position as men and are elevated in status in Islam. This article aims to explain Jasser Auda’s thoughts on women and their contribution to the reform of Islamic family law in Indonesia. This paper uses bibliographic research as the primary source of Jasser Auda’s works. This study concludes that Jasser Auda’s thinking which provides equal positions between men and women, aligns with maqāsid al-syarī’ah, which was developed and combined with systems theory. Women have an equal role and position with men in the mosque, become leaders, and are given rights in reproductive health. The authors argue that Jasser Auda’s views on women have inspired several reforms in Islamic family law in Indonesia that pay more attention to women’s rights and position on an equal footing with men rather than the practice of understanding Muslim societies, which are still patriarchal.

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