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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 6, No 1 (2022)" : 6 Documents clear
PEMBAHARUAN USHUL FIQH ALI JUM’AH MUHAMMAD Muhammad Zainuddin Sunarto; Tutik Hamidah; Abbas Arfan
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.3878

Abstract

The reform of ushul fiqh is perhaps the most significant achievement in the rebirth of Islamic philosophy. Only when people realize the phenomenon of stagnation of traditional fiqh can ushul fiqh be renewed. This awareness can only be built if people realize the need for reform of religious thought and practice it on a large scale. Many scholars propose a reconstruction of ushul fiqh, intending to show that religion can be used to solve everyday problems. Sheikh Ali Jum'ah, Izzudin Ibn Abdus Salam, and Ibn Ashur were prominent figures. Brilliant ideas and practical solutions seem to have entered the paradigm of Indonesian Islamic thought, especially the paradigm of ushul fiqh reform, which is still stagnant. Another weakness of fiqh and ushul fiqh is that there is no dynamic relationship between them and the social sciences, thus losing their relevance to the needs of the people. The mufti of Egypt, Sheikh Ali Jum'ah, also had the same view regarding the reformulation of Usul fiqh produced by previous scholars. So that Usul fiqh can be more developed and adaptive to new problems. Sheikh Ali Jum'ah's tajdid offer, namely: Restoring the old study form of ushul fiqh with an updated structure; Returning several views on several issues and using new opinions on existing problems, as well as reusing aqli in discussing these problems; Returning some views on the application of the rules to this science and in this application sticking to other views; Restoring this scientific structure by the novelty of the illat, and make this renewal according to the character of ushul fiqh according to their respective streams.
KEABSAHAN PRAKTEK FASAKH DALAM PERKAWINAN KARENA MURTAD Zainul Mu’ien Husni; Abdul Latief
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.3890

Abstract

It is explained in the KHI that the apostasy of the husband or wife does not cause the marriage to be annulled if the parties concerned from the wife or husband do not take the case to the Religious Court. So that if one partner does not mind if his partner lapses, then the marriage can continue. KHI mentioned the reasons for divorce. It is stated that religious conversion or apostasy that causes disharmony in the household can be used as a reason for divorce. This provision is contrary to the Imam Madzhab. The results showed that there was a difference in the case of a husband and wife who apostatized in the middle of their marriage in their legal status. In the Syafi'i school, it was clear that the marriage was canceled. However, in the Compilation of Islamic Law, it is not very clear about the phase of marriage due to apostasy. The marriage broke up due to divorce due to the absence of household harmony, not due to apostasy committed by one of the parties (husband/wife). In the Compilation of Islamic Law, there should be an additional verse that one of the reasons for the annulment of a marriage is the apostasy of one of the husbands or wives. This addition is in line with the provisions of Islamic Law, where the majority of Islamic Ulama (Imam Madzhab) are very strict about the issue of the annulment of marriages due to apostasy. So that the Indonesian Muslim community, whose majority follows the Shafi'i Madzhab, has no confusion when dealing with regulations that are not by the provisions in force in Positive Law and Islamic Law.
STUDI ATAS PEMIKIRAN ASGHAR ALI ENGINEER RELEVANSI NAFKAH BAGI MANTAN ISTRI Syamsuri Syamsuri; Moh Hodri
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.4067

Abstract

When a divorce occurs between a husband and wife, it creates obligations that must be obeyed by a husband and wife, and these obligations include an ex-husband being obliged to give a gift that must be given to the ex-wife who has been divorced, the gift is in accordance with economic conditions. the ex-husband (according to his ability), the provider of a living is a consolation during the 'iddah period, in Islamic law the provision of a living is only during the 'iddah period, this is different from Asghar's opinion, according to him the provision of a living for a divorced ex-wife, not only only during the 'iddah period, but until they remarry or die. The results of the study concluded that the criteria for women who are entitled to a sustainable living from their ex-husband are for women who are unable to take care of themselves (poor), because they do not have family or relatives, because it is far from a sense of justice if a woman who has divorced back to his parents or to his relatives. Asghar Ali Engineer's thoughts have relevance to Law Number 1 of 1974 article 41 letter (c). This of course also has implications for KHI, which only provides a living for the ex-wife only until the 'iddah period, and providing a living for the ex-wife who has been divorced can be given but by looking at these various criteria.
PEMIKIRAN FIQH IMAM MALIK BIN ANAS Abdu Rakib; Bashori Alwi
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.3505

Abstract

Many of the salaf scholars have reached their peak in science, fiqh, and wara'-an. Throughout the history of Islamic legal thought, we certainly know the four Imams of the Jurisprudence School: Imam Abu Hanifah, Imam Malik bin Anas, Imam Syafi'i, and Imam Ahmad Bin Hambal. Their schools are still practiced because their works are systematically documented, and the data is accurate, quoted by their loyal followers. The Medina school of fiqh, promoted by Malik bin Anas, whose monumental work al-Muwattha, is a hadith book containing Islamic law, with 1700 legal traditions. This school developed in Morocco and Andalusia, until now it is still spread throughout North Africa, Egypt, Sudan, Kuwait, Qatar, and Bahrain. In terms of age, Imam Malik is the imam who ranks second after Abu Hanifa of the four priests in Islamic law. He was born in the city of Medina in 93 H/712 AD and died on 10 Rabi'ul Awal in 179 H/798 AD in Medina. Imam Shafi'i, also one of his students, once said: "Malik is Allah's proof against His creatures." Imam Bukhari said: "The most authentic isnad in the hadith is Imam Malik from Abi al-Zannad from A'raj from Abu Hurairah." According to a narration quoted by Munawar Khalil, among Malik's primary teachers, there were no less than 700 people. Among the many teachers, 300 people are classified as tabi'in scholars.
DUALISME HUKUM PERKAWINAN DAMPAKNYA TERHADAP PEREMPUAN Faridy Faridy; Idrus Ali; Wahyu Wulan Suci
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.3887

Abstract

A sirri marriage is one in which the woman's guardian marries a man in front of two witnesses, but the marriage is not reported or registered with the Office of Religious Affairs (KUA). Marriage registration, in this situation, is covered by the law that governs the duty to register with the Marriage Registrar, which can be found in either the Marriage Law or the KHI (Islamic Law Compilation). Thus, if a marriage satisfies the elements of religious procedures and marriage registration procedures based on the norms established by the legislation, it can be considered legal activity. Sirri's marriage is invalid from a legal standpoint because there is no guarantee that it will benefit the establishment of the household without marriage registration and verification with a marriage certificate. Furthermore, on a religious level, it adheres to the Islamic law principles/rules that denying injury takes precedence over getting advantage.
KAJIAN MAQASHID AL-SHARI'AH TERHADAP NILAI-NILAI ISLAMI PADA SEBUAH TRANSAKSI Muhammad Zainuddin Sunarto; Putri Nur Afrida; Ulfia Nuriantini
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.4467

Abstract

All forms of muamalah can be done unless evidence forbids it. In Islam, lending and borrowing are not prohibited. Even people who give debts or loans to other people who are in dire need are something that is liked or recommended because in it there is a great reward. The reality in society is that the financial transactions carried out are not by sharia values; this is evidenced by the absence of elements that must be found in the transaction, such as contracts and clarity of the price of goods. Most Indonesian occupation adherents of the Syafii madhhab, which in the sharia fiqh discourse, all transactions carried out must be based on a clear contract. Apart from that, the public has not been adequately educated regarding the urgency of sharia transactions in each economic activity because this is correlated with carrying out God's commands and religious values . In every sharia transaction, the contract agreement is made by the parties to be implemented/fulfilled together, not to be violated or ignored, because the contract agreement has a binding nature for the parties agreeing. Hence, the contract is a powerful tool and has an urgent position in every sharia transaction. The contract must be fulfilled and maintained as a joint commitment, and the contract is the primary reference in the event of a dispute. The dharuriyyah element in a sharia transaction can be found in Islamic values that must appear in every contract carried out by each individual; this shows the implementation of hifz al-din because carrying out religious orders related to a contract. So with the description above, the values of Islamic teachings contained in a contract or transaction that must be implemented are a form of maqashid al-shari'ah that must exist in the practice of muamalah.

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