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Muhammad Zainuddin Sunarto
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Fakultas Agama Islam Universitas Nurul Jadid PO. BOX . 1 Karanganyar Paiton Probolinggo 67291 Jawa Timur
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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 5, No 2 (2021)" : 6 Documents clear
FENOMENA WANITA KARIR KETIKA PERCERAIAN Muhammad Zainuddin Sunarto
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1101.593 KB) | DOI: 10.33650/jhi.v5i2.3531

Abstract

'Iddah is a waiting period that must be lived by a woman due to the termination of the marital relationship, either due to divorce or death, in order to restore mental or physical condition after being left by her husband. The implementation of 'iddah in the jahiliyyah period is considered no longer appropriate to be applied today because, at that time, a wife whose husband died would be placed in a hut (a small, fragile, and old house), given the ugliest clothes, not allowed to wear clothes. Perfume, so that the smell is very unpleasant, then brought himar animals, goats, or birds and then occupied with him. The majority of women today have a myriad of activities outside the home as career women, which sometimes makes some of them the backbone of the family, whether they are with their husbands or not. Some scholars' to leave the house, if it is in an emergency, the state of emergency is understood differently by ulama' Usul al-fiqh. Such as, al-Shatibi understands the meaning of emergency with an essential need to be maintained. a woman whose husband dies, then she has to provide for her family, then she is allowed to leave the house because she is in an emergency
ISLAMISASI ILMU PENGETAHUAN Moh Hafid
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (477.615 KB) | DOI: 10.33650/jhi.v5i2.3501

Abstract

An idea emerged to bring together the physical and metaphysical realms. A new science that was modern but still religious in nature and based on monotheism was known as the "Islamization of Science." This idea became popular since its inception, namely in the early '80s. This idea was first coined by Syed Naquib al-Attas and popularized by Ismail Ragi al-Faruqi, which is still being discussed among Muslims. This is why the author is interested in studying further about Islam and science, the history and goals of Islamization and Islamization of science. Islamization of science means the liberation of knowledge from interpretations based on secular ideologies and from the meanings and expressions of earthly humans. With the Islamization of science, Muslims will be freed from the shackles of things contrary to Islam so that harmony and peace will arise in themselves, according to their nature. To recast the entire treasure trove of knowledge according to Islamic perspective and match his ideas on the Islamization of knowledge, al-Faruqi put the "principle of monotheism" as the framework of thought, methodology, and way of life of Islam.
MUKALLAF SEBAGAI SUBJEK HUKUM DALAM FIQIH JINAYAH Abdur Rakib
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1215.459 KB) | DOI: 10.33650/jhi.v5i2.3585

Abstract

Legal actors in the study of jinayah fiqh are an important part in the further study of jinayah fiqh, as are legal actors in muamalah fiqh, worship, and munakahat which of course cannot be separated from the discussion of mukallaf as the perpetrator of the legal discussion in it, where every law is certain because there are legal actors, or where there are humans (mukallaf) there must be laws resulting from their actions. The importance of the study of mukallaf in this more specific discussion is of course because the perpetrators or legal subjects – if not call it mukallaf – in the context of jinayah fiqh there are some differences in the imposition of taklif when compared to the fiqh of Mawarits, even with the fiqh of worship. Mukallaf in the discussion of jinayah fiqh basically has no difference with other fiqh except in the discussion of the expertyah category wujub al-kamilah. In essence, fiqh is God's law which is based on the absence of burdens on His servants who are beyond the limits of ability.
KEBENARAN ILMIAH DALAM HUKUM Irma Nur Hayati
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (676.43 KB) | DOI: 10.33650/jhi.v5i2.3500

Abstract

According to Michael Williams, there are five theoretical formulations of truth: Correspondence Truth, Coherence Truth, Pragmatic Truth, Performative Truth, and Propositional Truth. In the history of Western philosophy, actual knowledge corresponds to reality, while in Eastern philosophy, proper knowledge is the knowledge that saves. There are three Institutes of Truth, namely: Science, Philosophy, and Religion, all of which have points of similarity on the one hand and issues of difference on the other. The topics of similarity include: Neither Science nor Philosophy nor Religion aim at least the same thing: Truth. With their respective characteristics, Science, philosophy, and Religion seek the truth about nature and include humans and God. The points of difference, including Both Science and Philosophy, both result from the same source, namely human reason, while Religion comes from divine revelation. Both Science and Philosophy begin with an attitude of doubt or disbelief. Religion begins with an attitude of trust and faith. Both the truth of Science, and the fact of Philosophy, are relative (relative). At the same time, the reality of Religion is absolute (absolute) because Religion is a revelation sent down by the One Who is True, Absolute, and Perfect.
PEMIKIRAN MAZHAB FIQH IMAM SYAFI’I Fahrur Rozi
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (545.953 KB) | DOI: 10.33650/jhi.v5i2.3502

Abstract

The leadership of fiqh in Medina culminated in Imam Malik, and Imam Shafi'I went to Medina to study with him. And when the leadership of fiqh in Iraq culminated in Abu Hanifah, he studied fiqh in Iraq from Muhammad ibn al-Hasan al-Syaibany (one of Abu Hanifah's students). Therefore, Imam Shafi'i gathered knowledge of fiqh Ashab al-Ra'yi (Imam Malik) and fiqh Ashab al-Ra'yi (Abu Hanifah). The religious sect of Imam Shafi'i, as well as other schools of thought from the priests of the four schools: Abu Hanifah, Malik bin Anas, and Ahmad ibn Hanbal, are members of the Ahlu al-Sunnah wa al-Jama'ah group. Ahlu al-Sunnah wa al-Jama'ah in the field of furu' is divided into two schools, namely the Ahlu al-Hadith school and the Ahlu al-Ra'yi school. Imam Shafi'i, including Ahlu al-Hadith. Imam Shafi'i was famous for defending the Maliki school and defending the Medina school of thought until he was known as Nasyirus Sunnah (spreader of the Sunnah). This is the result of bringing together the fiqh of Medina and the fiqh of Iraq. Qaul Qadim (as the result of the first ijtihad) and qaul Jadid (as the first legal decision changer) of Imam Shafi'i was revealed in several issues.
METODE PENGGALIAN HUKUM PRESPEKTIF ISLAM PROGRESIF ABDULLAH SAEED febri anto; Zainul Muin Husni
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.095 KB) | DOI: 10.33650/jhi.v5i2.3504

Abstract

The religion of Islam is still shackled to an understanding that makes scholars afraid of doing madhzabism. The stagnation of thought has become a big problem faced by scholars. This is what makes Islam in its position is often not in harmony with modern law that is solutive. The sociological approach is no longer in line with the dynamics of society, therefore public trust in religion has been eroded and has resulted in internal Islamic political disputes that consider religion products to be very rigid in providing solutions, hence the writing of this article is more focused on the method brought by Abdullah Saeed in progressive ijtihad method where this method is felt to be very relevant to the times, this paper uses discrete analysis as a method in describing and analyzing the challenges of the progressive Islamic method in carrying out ijtihad and the results of this paper are (1) Abdullah Saeed divides into three groups: the process of interpreting the Koran; textualist group semi-textualist group Contextualist group, (2) Abdullah Saeed's method of ijtihad, who is known as a progressive Muslim, divides into three ijtihad methods which are very well known during the modernization period which he thinks are suitable in influencing the law in the future as long as the law is made:

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