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Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam
Published by Sekolah Tinggi Agama Islam Al-Hikmah 2 Brebes
ISSN : 26558882     EISSN : 2723195X     DOI : https://doi.org/10.56593
Core Subject : Religion, Humanities, Health, Education,
Religion Humanities Education Nursing Public Health
Jurnal Khuluqiyya diterbitkan oleh Sekolah Tinggi Agama Islam Al-Hikmah 2 sebagai media untuk menyalurkan pemahaman tentang hukum dan studi Islam berupa hasil penelitian lapangan atau laboratorium maupun studi pustaka. Khuluqiyya secara etimologi berarti hukum-hukum yang berkenaan dengan akhlak. Petunjuk untuk mengembangkan potensi kebaikan yang ada dalam diri manusia agar menjadi makhluk terhormat yang sesungguhnya (mulia). Redaksi menerima naskah yang belum pernah diterbitkan dalam media lain dari dosen, peneliti, mahasiswa maupun praktisi dengan ketentuan penulisan, Naskah yang masuk akan dievaluasi dan disunting untuk keseragaman format, istilah dan tata cara lainnya. Khuluqiyya: Journal of Islamic Law emphasizes the study of Islamic family law and Islamic law in Islamic countries in general and specifically by emphasizing the theory of Islamic family law and Islamic law and its practice in the Islamic world that developed in attendance through publications of articles. Scope This journal specializes in studying the theory and practice of Islamic family law and Islamic law in Islamic countries, Islamic studies, Islamic socio-political, Islamic philosophy, Islamic perspectives which are intended to reveal original research and current issues. This journal warmly welcomes contributions from scholars from related fields who discuss the following general topics; Islamic Family Law Islamic Economic Law Islamic Criminal Law Islamic Constitutional Law Zakat and Waqf Law Thought of Contemporary Islamic Law Islamic Education Islamic Socio-Politics Islamic Though Islamic Philosophy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 7 No. 2 (2025)" : 5 Documents clear
Analisis Diskursus Kebijakan Vasektomi sebagai Prasyarat Bantuan Sosial: Studi Komparatif Perspektif Pragmatisme Politik dan Normatif Religius Pratama, Wahyu Aji; M. Saeful Amri
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.170

Abstract

The vasectomy controversy as a prerequisite for social assistance triggered by the statement of West Java Governor Dedi Mulyadi has caused a debate between pragmatic and religious perspectives in Indonesia. This study aims to analyze the construction of the pro-con arguments for vasectomy through the debate between Adi Armando and K.H.Kholil Nafis at the "Democracy Record" event on May 6, 2025. The research method uses library research with a descriptive qualitative approach and critical discourse analysis of the Norman Fairclough model which analyzes textual dimensions, discursive practices, and social practices. Data was obtained from transcripts of television shows, online news articles, policy documents, and MUI fatwas. The results of the study show that Adi Armando builds utilitarian arguments based on economic efficiency and "rational choice", while Kholil Nafis uses theological arguments that emphasize the concepts of fitrah and maqashid sharia. This debate reflects the tension between practical benefits and sharia normative provisions in regulating reproductive aspects, as well as implications for the structure of marital rights and obligations in Islamic family law which requires alternative solutions based on economic empowerment and temporary contraceptive methods.
HAK DAN KADAR NAFKAH ISTERI DALAM PERSPEKTIF KHI DAN IMAM AN-NAWAWI DALAM KITAB AL-MAJMU’ SYARAH AL-MUHADZDZAB Siti Fatimatul Muffidah; Ash-Shabah, Musyaffa Amin; Suprihatin; Supriyanto, Agus
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.176

Abstract

The increase in divorce rates in Indonesia is primarily triggered by economic problems and the inability of husbands to fulfill their wives' rights and provide for them in domestic life. This study compares the rights of wives and the level of provision in the Compilation of Islamic Law (KHI) and the book al-Majmu' Syarah al-Muhadzdzab by Imam An-Nawawi. This study is a normative comparative study. The results show that both the Compilation of Islamic Law (KHI) and Al-Majmu' Syarah al-Muhadzdzab share the basic principle that the husband's obligation to provide financial support depends on his economic ability and applies after the wife shows tamkin. Both sources of law emphasize that a wife who is in a state of nusyuz loses her right to financial support. The main difference lies in the normative and contextual aspects; Al-Majmu' provides quantitative details of maintenance based on the husband's financial condition, such as two mud for a well-off husband, one mud for a husband in difficulty, and one and a half mud for a husband in between. Meanwhile, KHI is more flexible, accommodating adjustments to Indonesia's socio-economic conditions by providing space for practices that are in line with the dynamics of a more diverse society. Overall, this study contributes to the integration of classical fiqh and positive Islamic law in Indonesia, while offering a theoretical and practical foundation for the development of a fair, contextual, and public-interest-oriented family law
Conflict and Family Law Issues in Shia Groups Hidayah, Okti Nur
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.179

Abstract

This article discusses the dynamics of Sunni-Shia relations in Indonesia by highlighting anti-Shia campaigns, the experiences of discrimination against the Shia community, and sensitive issues such as interfaith marriage and mut'ah marriage. Using historical, social, and theological approaches, this study shows that the marginalization of Shia Muslims is not only influenced by doctrinal differences, but also by transnational ideologies, state policies, and pressure from conservative groups. Cases such as the 2012 Sampang tragedy and conflicts involving the Rausyan Fikr Foundation in Yogyakarta are concrete examples of escalating intolerance. The findings of the article show that resistance to discrimination has emerged from moderate Muslim figures, but these efforts have not been able to neutralize the dominance of anti-Shia discourse in the public sphere. In addition, studies on interfaith marriage and the debate on mut'ah marriage illustrate how differences in Sunni-Shia jurisprudence affect family and social life. This article concludes that the Shia issue in Indonesia is a multidimensional problem that requires inclusive dialogue, legal protection for minorities, and a moderate approach to maintain intra-Islamic harmony in Indonesia.
Determination of Bancassurance Ujrah at PT Bank Syariah Indonesia KCP Purwokerto Sudirman Muhammad, Fikra Adib; Maulana, Ade; Fahmi, Fikri Afthon
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.191

Abstract

Bancassurance is a form of cooperation between banks and insurance companies in marketing insurance products through banking networks. From a sharia economic law perspective, bancassurance practices must be based on the principles of clarity of contract and transparency of information as stipulated in the Indonesian Ulema Council's National Sharia Board Fatwa Number 139/DSN-MUI/VIII/2021 concerning the Marketing of Insurance Products Based on Sharia Principles, which allows the use of ijārah contracts, wakālah bi al-ujrah, and ju‘ālah contracts according to the context of the cooperation. However, in practice at PT Bank Syariah Indonesia KCP Purwokerto Sudirman, there were issues related to the determination of ujrah sourced from the customer's initial contribution, which was not clearly stated in the insurance cover note. This condition raises questions about customer rights and the validity of the contract from a sharia perspective, particularly regarding the potential element of gharar. This research is field research with a normative juridical approach and descriptive-analytical methods. Data collection was carried out through observation, interviews, and documentation. The results showed that bancassurance practices were carried out through cooperation with PT Asuransi Jiwa Syariah Al Amin using a reference business model. This legal relationship places the bank as the party that receives ujrah based on a ju'ālah contract for the successful achievement of financing targets accompanied by insurance. Because ujrah is an agreement between the bank and the insurance company, customers have no legal standing in the contract. Therefore, the ambiguity of ujrah in the cover note cannot be categorized as gharar that invalidates the contract as long as the rights and obligations of customers are explained transparently in accordance with sharia principles
Requirements for Presidential and Vice Presidential Candidates Based on Law Number 7 of 2017 Concerning Elections from a Fiqh Siyasah Perspective Umah, Vina Khoerul
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.194

Abstract

This study examines the requirements for presidential and vice-presidential candidates as stipulated in Law No. 7 of 2017 on General Elections using the perspective of Fikih Siyasah. This study is motivated by the dynamics of election law in Indonesia, particularly regarding the formulation of national leadership qualifications that are not only administrative in nature but also rich in moral and ethical dimensions of leadership. This research is a normative legal study with a conceptual and legislative approach, using a literature review method of primary, secondary, and tertiary legal sources. The results of the study show that the provisions on the requirements for presidential and vice-presidential candidates in Article 169 of Law No. 7 of 2017 basically reflect the basic principles of Fikih Siyasah, especially those related to integrity, capability (kifāyah), physical and mental health, and commitment to the values of justice and public interest. However, there are several leadership criteria in Fikih Siyasah such as certain aspects of religiosity and more substantive moral-spiritual qualities that are not explicitly regulated in positive law. Therefore, this study emphasizes that national election law and Fikih Siyasah have a complementary relationship, in which Islamic values can serve as an ethical foundation for the improvement of democratic leadership regulations in Indonesia.

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