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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 82 Documents
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Manajemen Risiko Pada Penerbitan Sukuk Usaha Kecil Menengah (UMKM): Perspektif Kaidah Fikih Muhammad Abu Rivai
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.107

Abstract

Crowdfunding services are institutions that can facilitate meetings between investors and small and medium enterprises (SMEs) who need funds through the company's digital platform. Investors who will invest through crowdfunding services can be converted into share ownership, debt ownership (bonds) or joint ownership (sukuk). Investors will get returns in the form of dividends or profit sharing from the company's profits which are distributed periodically. Meanwhile, SMEs get additional capital that is fast, easy and inexpensive to increase their business capacity. In doing business, of course everyone wants to get the maximum profit and minimize the risk of loss as small as possible. Risk itself is an inseparable part of life, because all activities must contain risks. One thing that can be done to minimize the risk of loss is to create a risk management strategy. Risk management is very important because it can maintain the continuity of the issuance of small and medium enterprise (MSMEs) sukuk by crowdfunding institutions. However, it is necessary to conduct a study to examine this in the perspective of fiqh rules The research method used in this study is a literature study. The tool to analyze it is the rule of fiqh (al kharja bidh dhaman) which means that profit is a reward for readiness to bear losses. In a mudharabah contract, profits and losses are shared. If the business is profitable, the investors and business actors will also benefit. If the business has incurred a loss, the investor and the business actor must both bear the loss. It is a mistake if the investor asks for the capital to be returned as long as it is not due to the carelessness of the business actor. Whereas in the wakalah contract, the person who receives power over the object being authorized must be a trustworthy person. The person who is given this mandate is not subject to dhaman (compensation) unless there is negligence. One way to measure unlawful risk mitigation practices is to use the al kharaj bidh dhaman rule. The parties to the contract should each have their own kharaj (rights) and dhaman (obligations). The practice of risk mitigation becomes problematic when there are parties who are safe from the risk or do not want to bear the portion of the risk that should be their responsibility. Bearing in mind that ownership creates rights and obligations, the rules for dividing the risk of loss are in accordance with the portion of ownership of each party. The bigger the portion, of course the bigger the risk that must be borne.
Meninjau Penerapan Kaidah Idza Tsaqata Al Ashlu Tsaqata Al Far’u Pada Bisnis Dan Ekonomi Siswanto
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.108

Abstract

In solving the contemporary problems, The Legal Maxims of Islamic Jurisprudence has an important position for that or providing alternative solutions to various problems that arise, especially in this modern era. The devinitive legal answers to current modern problems are often not found in the Al-Qur'an and As-Sunnah and even in the classic books that are discussed by by earlier scholars. Therefore, the principles of fiqh (Qawaidul Fiqhiyah) have been formulated by earlier islamic scholars of fiqh, then have become an important medium for doing ijtihad in the realm of formulating laws/istimbatil ahkam in these issues. One of them is using the principle of idza tsaqata al ashlu tsaqata al far'u. Therefore, through this short paper, the author tries to explain the meaning and application of this method in the operational activities of muamalah business and especially in the world of financing transactions in Islamic banking
Paradigma Hukum Dalam Perspektif Taqi Al-Din Al-Subki Taufik Setyaudin
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.109

Abstract

The elements contained in a paradigm become a mode of thought, mode of inquiry, and mode of knowing. Through this paradigm, it will be seen how the conception and systematic thinking of scientists when looking at an object or a certain framework in understanding something. In the paradigm of Islamic law, there are broad and permissive legal principles and provisions, leaving room for human existence related to social and historical developments.Al-Subki was a Qadi, appointed by the Mamluk sultan, subject to a condition (whether express or implied) that necessitated restrictions on the Shafi'i school of thought. In addition, al-Subki is a mujtahid fi al-mazhab, that is, someone who is able to build a paradigm of rational law based on the elements of ikhtilaf in a school
Kaidah Fikih Dalam Halal Dan Haram Menurut Syaikh Yusuf Al-Qardhawi Wisnu Indradi
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.110

Abstract

In the teachings of Islam, the concept of halal and haram has a strategic role in regulating various lines of life for Muslims, including food, drink, social interaction, the economy, and various other activities. In this journal, we will provide a comprehensive explanation of the fiqh rules regarding halal and haram according to Shaykh Yusuf Al-Qaradawi. Rules regarding halal and haram are taken from sources of Islamic law, namely the Qur'an and Hadith. From the contents of these texts, it is then formulated in 11 principles of fiqh. As for the other side of these fiqh rules, they are as follows: First Rule, The Law of the Origin of Everything is Mubah, Second Rule, Deciding what is lawful and unlawful is the sole right of Allah, Third Rule, forbidding something lawful and making something lawful unlawful is the same as associating partners with Allah, Fourth Rule, forbidding something lawful will cause evil and danger, Fifth Rule, in halalness there is no need for what is unlawful, Sixth Rule, Everything that leads to unlawful is unlawful, Rule Seventh, deal with something that is unlawful, the law is unlawful, Eighth Rule, good intentions cannot change what is unlawful, Ninth Rule, stay away from doubt for fear of being involved in unlawful, Tenth Rule, there are no exceptions for servants in unlawful law and Eleventh Rule, in urgent situations it is permissible to do something that is forbidden. In addition to explaining the rules and their legal basis, we also include examples of each application of these rules.
Tindak Pidana Pencurian Yang Dilakukan Oleh Anak Dibawah Umur Dalam Tiga Perspektif Dhyah Nur Fitriana; Ghoniyah Zulindah Maulidya
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.111

Abstract

Theft is one of the actions that can damage relations between communities. If left alone, there will often be damage to public relations caused. Fatal if the perpetrators of theft from among minors who are still not of legal age. Because children are the future of the country, they will be the successors of the nation. Therefore, children must be facilitated with quality education so that later the country can develop well. Perpetrators of underage theft have different legal processes. Therefore, it is very interesting to conduct research and find solutions to the problem of minors as perpetrators of criminal acts, especially theft. The purpose of this study is to determine the position and punishment of cases of minors as perpetrators of theft crimes in three perspectives, namely the perspective of positive law, Islamic law, and the perspective of penology. This research uses normative law, namely library research that examines various secondary data so that it requires legal material as the main data
Pengukuran Kualitas Mashlahat dan Madharat dalam PenetapanDispensasi Kawin Islami, Azim Izzul
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 5 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v5i2.113

Abstract

Eventhough there are differences between hujjah principles of fiqh as theorem, judges at Religious Court (Indonesian Islamic Court) often citingprinciples of fiqh that dismiss mafsadat as preference which called “dar’u al mafasid muqaddamun ala jalb al mashalih” for supporting arguments oflaw as law reasoning in a case request for marriage dispensation. Underage marriage actually confronted between mashlahat and madharat all atonce. Application of principles of fiqh frequently done disproportionate and inappropriate so that it is not in line with the purposes of marriagewhich suppose forming happy and lasting family (household) founded on belief in God Almighty. This research is a normative research with qualitative approach in the form of critical study in applicating mashlahah theory in judge’s decision on marriage dispensation that using principles of fiqh that dismiss mafsadat as preference, but has potential to deviate marriage’s purposes. The result of this research giving description and analysis towards potential’s quality of mashlahat and madharat that will be emerge from underage marriage. A judge must done identification thoroughly towards a child’s readiness to marry, whether there is duress or not and urge reasoning to marry. Comprehensive analytic towards those aspects will generate mashlahat and madharat analysis that measurable so that principles of fiqh that dismiss mafsadat as preference’s application become accurate, proportional and in line with sharia’s goals.  
Muhammad Abduh's Perspective on Polygamy in the Indonesian Social Context Husnah, Nurul; Fauzi, Ahmad; Arafah, Siti
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i1.115

Abstract

This article aims to delve into Muhammad Abduh's views on polygamy, evaluate its relevance in the social context of Indonesian society, and offer a broader understanding and potential solutions for Indonesian society to perceive the practice of polygamy. The research method employed is a qualitative approach focusing on literature review. This approach is designed to comprehend and analyze Muhammad Abduh's perspectives and thoughts regarding the practice of polygamy, especially within the Islamic teachings and its impact on social dynamics in Indonesia. The research findings indicate that Muhammad Abduh consistently displayed a critical stance towards polygamy. He consistently highlighted the importance of justice, equality, and well-being for all parties involved in such contexts. The relevance of Muhammad Abduh's thoughts in the Indonesian context, which encompasses a diverse society, lies in the urgency of recognizing the values of humanity and justice in applying Islamic teachings, particularly in sensitive issues like polygamy. Essentially, Abduh's viewpoints offer a perspective that considers the welfare and protection of individual rights in interpreting Islamic teachings, aligning with the social diversity present in Indonesia. Amir and Rahma argue that Tasir Al-manar has a significant and enduring influence on the formation and development of modern Islam in Indonesia.    
ANALISIS PUTUSAN VERSTEK KUMULASI ISBAT NIKAH DAN CERAI GUGAT (Studi Perkara Nomor: 135/Pdt.G/2022/PA.Pbg) Nurhidayattulloh, M.; Huda, Misbahul
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i1.122

Abstract

One of the problems in marriage law is divorce which is preceded by the practice of unregistered marriage. The decision with number: 135/Pdt.G/2022/Pa.Pbg is interesting to examine because it is the first verdict on the cumulative isbat marriage and divorce lawsuit at the Purbalingga Religious Court. The focus of the problem in this research is how the judge’s legal considerations are in the case of cumulating marriage isbat and divorce lawsuits in Decision Number: 135/Pdt.G/2022/Pa.Pbg and what the normative juridical review is. The research, including field research, is descriptive analysis using a normative juridical approach. Data collection techniques were carried out using observation, documentation and interviews. The results of the research showed that the panel of judges declared the marriage between the plaintiff and the defendant valid because they had fulfilled the requirements and terms of marriage and imposed the defendant’s talaq ba’in sughra on the plaintiff because the defendant had left the plaintiff within a period of 4 years and 9 months. The basic legal considerations used by the judge in deciding case Number: 135/pdt.g/2022/Pa.Pbg are in accordance with statutory regulations and Islamic law
The Role Peran Badan Pengawas Pemilihan Umum (BAWASLU) Dalam Mengatasi dan Menindak Pelanggaran Pemilihan Umum: Tinjauan Hukum dan Praktik: The Role of the General Election Supervisory Body (BAWASLU) in Overcoming and Taking Action against General Election Violations: A Review of Law and Practice Okvita Sekar Fadhilah
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i1.124

Abstract

This article aims to explain the role of the Election Supervisory Body (Bawaslu) in overcoming and cracking down on election violations with a comprehensive approach from a legal perspective and field practice. First, from a legal perspective, this article analyzes the role of Bawaslu in dealing with election violations in accordance with the legal framework that regulates them. Second, from a field practice perspective, this article evaluates how Bawaslu carries out its role in cracking down on election violations through field observations and case studies. Furthermore, this article identifies the obstacles or challenges faced by Bawaslu in carrying out its role, including institutional, political and technical obstacles. Finally, the effectiveness of the efforts made by Bawaslu in overcoming and cracking down on election violations is evaluated both from a legal perspective and field practice to conclude about the success and expansion of the strategy needed. By combining legal review and field practice, this article provides comprehensive insight into Bawaslu's role in ensuring election integrity and strengthening democracy.
Review of Islamic Law on the Practice of Early Marriage in Limpakuwus Village, Sumbang, Banyumas Aji, Imam Purnomo
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i1.125

Abstract

Early marriage is still a problem in Limpakuwus Village, Sumbang, Banyumas, especially with 9 couples out of a total of 38 who are married. This village has a belief that getting married before the age of 20 is considered taboo or "ora ilok" by the local community. Field research was conducted to understand the practice of early marriage in this village. This research method involves qualitative descriptive analysis with data collection through interviews and documentation. Primary data is in the form of direct interviews, supported by secondary data from books, journals, theses, texts and articles. The factors that encourage early marriage in this village are low education, beliefs/traditions, self-will, and pregnancy outside of marriage. Of the nine couples, belief or tradition factors dominate. Even though according to Islamic and positive law early marriage is recognized as legal, this practice in Limpakuwus Village, Sumbang, Banyumas is considered legal because it is in accordance with Islamic law and has a marriage dispensation in accordance with Indonesian laws and regulations.

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