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Muhammad Zainuddin Sunarto
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Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Published by Universitas Nurul Jadid Paiton Probolinggo
ISSN : 28295803     EISSN : 25808052     DOI : https://doi.org/10.33650/jhi
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam adalah jurnal ilmiah yang mengkaji tentang persoalan - persoalan hukum dan keislaman. Jurnal ini diterbitkan secara berkala setahun dua kali, yaitu setiap bulan Juni dan Desember oleh Program Studi Hukum Keluarga Islam, Fakultas Agama Islam, Universitas Nurul Jadid Paiton Probolinggo. Redaksi menerima naskah ilmiah ataupun hasil penelitian dalam bahasa Indonesia, bahasa inggris maupun bahasa arab. Di samping itu, Tim Redaksi juga berhak untuk mengedit dan menyempurkan naskah ilmiah yang akan diterbitkan tanpa menghilangkan esensi dan makna tulisan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 4, No 1 (2020)" : 6 Documents clear
TINJAUAN HUKUM ISLAM TERHADAP PERBEDAAN PEMBAYARAN UPAH JASA GRABBIKE SECARA TUNAI DAN NON TUNAI Waluyo Sudarmaji
JURNAL HAKAM Vol 4, No 1 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1086.22 KB) | DOI: 10.33650/jhi.v4i1.1927

Abstract

The problem in this research is whether the difference between cash and non-cash payment of GrabBike wages accompanied by additional costs unilaterally by the GrabBike driver is in accordance with Islamic law. Data analysis using descriptive qualitative analysis method. The results of this study are that according to Islamic law there is a difference between cash and non-cash payment of GrabBike service wages because in accordance with ijarah dzimmah, namely rental benefits for buying and selling services, Grab and Ovo have the right to provide promo rates or discounts as a form. Prizes and the giving of legal prizes are permitted by the syara 'because in this case the passenger and driver are not disadvantaged but instead benefited, but in connection with the additional wages that the GrabBike driver unilaterally demands for various reasons, Grab does not justify Islamic law is not in accordance with the pillars of the ijarah contract because one party feels forced.
HAK ASUH ANAK DALAM PERSPEKTIF KHI DAN MADZHAB SYAFI’I Ahmad Baidawi; Muhammad Zainuddin Sunarto
JURNAL HAKAM Vol 4, No 1 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1015.987 KB) | DOI: 10.33650/jhi.v4i1.1928

Abstract

In principle, the responsibility of caring for children is the burden of both parents, whether they are still living in harmony or a divorce has occurred. Hadanah itself is an act that must be carried out against their parents, because without Hadanah it will result in the child being neglected and his life is wasted, because if the child is still small or not yet mumayyiz, it is very well nurtured and educated, and will have a negative impact on their future. , can even challenge the existence of their soul. Child care, in the view of KHI, includes all the needs that can support the development of the child's life both in the scope of primary and secondary needs, such as the need for education, living expenses, peace of life, welfare, especially in health.In Shafi'i's view regarding child custody (hadanah), children who are seven years old are allowed to choose for themselves if both parents are equally worthy to take care of their hadhanah, be it in matters of religion, property or affection. so the child is invited to choose it, on the grounds that the child is considered to be able to distinguish which one is good and what is bad for himself, therefore the child is given the freedom to choose what he thinks the child is able to make his own choice whether to follow his mother or follow his father .
PROBLEM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA A. Malthuf Siroj
JURNAL HAKAM Vol 4, No 1 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.219 KB) | DOI: 10.33650/jhi.v4i1.1368

Abstract

The issue of human rights enforcement has always been an interesting spotlight in the public, including in Indonesia. This is because the existence of human rights is always attached to every human being. Besides that, guarantee and protection of human rights is also one of the benchmarks for the nation and state progress. The presence of this research is also inseparable from the efforts to answer various problems of human rights enforcement in Indonesia, which have so far been considered badly by Human Rights Watch (HRW) in the 2020 word report, especially for vulnerable groups. Therefore, this research not only presents a detailed description of the theoretical aspects of human rights itself, but also describes in detail the important instruments for human rights enforcement, various problems in enforcing human rights in Indonesia, as well as some important solutions that needs to be implemented immediately in the practice of human rights enforcement so that the manifestation of substantive truth and justice is truly felt by all levels of Indonesian society.Keywords: Human Rights Enforcement, Human Rights Problems, Human Rights Enforcement Solutions
Praktik Muḍārabah di Bank Muamalat KCP Wonosobo Perspektif Hukum Ekonomi Syariah Fathudin Fathudin; Adi Wibowo; Salsabella Rahma Dewi
JURNAL HAKAM Vol 4, No 1 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1130.274 KB) | DOI: 10.33650/jhi.v4i1.1925

Abstract

This research discusses the practice of muḍārabah at Bank Muamalat, Wonosobo Sub-Branch Office, a form of business collaboration using a muḍārabah contract and in the process the business fails so that it suffers losses caused not by the negligence of the fund manager (muḍārib) so the fund manager must bear all the losses. Where it should be in the syari'ah concept that if you collaborate using the muḍārabah agreement, if the business fails in the process, the loss is fully borne by the owner of the capital (ṣāḥibul māl). Discussion of the theory and practice in the muḍārabah contract according to Islamic law is very important. This study aims to determine the law regarding the practice of muḍārabah financing at the Bank Muamalat Wonosobo Branch Office, whether it is legal or not legally '. The approach used uses a normative approach with the object of the muḍārabah contract practice at the Bank Muamalat Wonosobo Branch Office which is adjusted to the perspective of Islamic law. After conducting an analysis with adjustments between Islamic Law and collaboration products with the muḍārabah agreement implemented by the Bank Muamalat Wonosobo Branch Office, it resulted in a conclusion that the practice of the muḍārabah contract was not in accordance with Islamic Law (syara ').
HUKUM KETERLIBATAN PEREMPUAN DALAM RANAH PUBLIK: Kajian Tafsir Tekstual dan Kontekstual Musolli Musolli
JURNAL HAKAM Vol 4, No 1 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (577.192 KB) | DOI: 10.33650/jhi.v4i1.1371

Abstract

The involvement of women in the public sphere should be accompanied by two theories, textual and contextual. These two theories appear to support a big agreement that the Koran is present in addition to being a solution but also providing innovation. The innovation offered is the concept that the Koran is suitable for every situation.Keywords: women, Koran, textual and contextual.
ANALISIS PELAKU PERNIKAHAN DINI DI DESA PRINGGONDANI KECAMATAN SUMBER JAMBE KABUPATEN JEMBER Lujeng Rizkiyah; Faridy Faridy
JURNAL HAKAM Vol 4, No 1 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1038.107 KB) | DOI: 10.33650/jhi.v4i1.1931

Abstract

The phenomenon of marriage at a young age is still happening in the community, especially in Pringgondani Village, Sumber Jambe District, Jember Regency. Marriage at an early age is the practice of marriage between a man and woman as husband and wife with the aim of forming a happy and eternal household, but the ages of both of them have not yet reached the predetermined date.Early marriage in Pringgondani Village, Sumber Jambe District is caused by several factors including tradition / culture factors, parental factors, educational factors, and customs factors. Early marriage also has several positive impacts, namely faster independence, preventing adultery and reducing the economic burden on parents, while the negative impact is the loss of adolescence and play for adolescents and immature reproductive organs, especially if pregnancy occurs. And the 'urf' analysis of early marriage in Pringgondani Village is if viewed from the object, it includes 'urf' amali, seen from its scope including 'urf khos' and if seen from its validity it includes 'ufr shahih because it does not contradict syara's argument'.

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