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INDONESIA
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam
ISSN : 26558882     EISSN : 2723195X     DOI : https://doi.org/10.56593
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
Pewarisan Budaya Dan Nilai Keislaman Pada Tradisi Sayyang Pattu'du' Oleh Etnis Mandar Irmayanti; Ita Rodiah
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.v6i1.133

Abstract

The tradition of sayyang pattu’du’ is a celebratory tradition in West Sulawesi by the Mandar ethnic group as an expression of gratitude upon successfully completing the recitation of the Qur'an. This tradition is considered to embody Islamic values passed down from generation to generation. This research aims to analyze values within the culture of sayyang pattu’du’ that may contradict Islamic values. The method used in this research is descriptive qualitative with a field research approach. There were six informants in this study. Data collection was conducted through observation, interviews, and documentation, supported by various scholarly literature. Data analysis involved data reduction, presentation, and drawing conclusions. The research findings indicate that there are certain aspects within the sayyang pattu’du’ tradition that the author considers to be inconsistent with Islamic values, contrary to the intended demonstration of Islamic values through this tradition.
Living Hadith of Jaburan Tradition in the Month of Ramadan for the People of Randegan Village, Banyumas Regency Yurianto, Ramdhan; Faizatun Nafi’ah, Zahra; Hayatul Alfath, Fitriani
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i2.134

Abstract

Jaburan is the tradition of giving food to break the fast or for people who perform qiyam lail, either reading the Qur'an or I'tikaf in mosques after tarawih prayers in Banyumas Regency. The implementation of the Jaburan tradition is carried out structurally divided per resident in each prayer room and designed per week according to the number of people living in the mosque or mosque environment. This study uses living hadith theory and phenomenological theory to observe the procession of Jaburan tradition which is carried out at the time of breaking the fast and after tarawih prayers. The existence of jaburan is also the result of understanding the substance of the hadith of the Prophet PBUH. The practice of Jaburan is carried out with love and affection for others by sharing the best food. Likewise, the meaning behind the implementation of the Jaburan tradition is: 1) increasing devotion to Allah; 2) implementing the sunnah in accordance with what is stated in the hadith; 3) fostering a sense of sharing and social care; 4) Efforts to compete in the hunt for rewards in the Ramadan month and 5) preserving old traditions carried out by the people of the Banyumas area.
ANALISIS LEGAL STANDING PEMOHON DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 Syaibani Ihza Ibrahim
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i2.135

Abstract

Testing of laws or judicial review at the Constitutional Court requires legal standing or legal position. Legal standing in the Constitutional Court Decision 90 caused problems because the applicant did not fulfill the requirements required to have legal standing in reviewing the law at the Constitutional Court. The method used is the normative juridical method, namely research that examines statutory regulations, principles, norms, scholarly doctrines, and decisions that have permanent legal force. The approaches used are the statutory approach and the case approach. The result is that the applicant in Decision 90 does not fulfill the required requirements because the applicant is not directly affected and/or causally affected by the enactment of Law Number 7 of 2017. Constitutional Court Decision No. 006/PUU-III/2006, namely the existence of constitutional rights granted by the 1945 Constitution, the applicant's constitutional rights are considered by the applicant to be disadvantaged by the law being reviewed, the loss is specific and actual, there is a cause and effect (causal verband), and there is a possibility By granting the request, constitutional losses will not or will not occur again.
Reevaluating Ali Gomaa’s Fatwa on Bank Interest: A Detailed Ushul Fiqh Analysis Maksalmina
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i2.136

Abstract

This paper aims to reexamine Ali Gomaa’s ijtihad metodology regarding bank interest and his paradigm of thinking. Bank interest is declared usury by the majority of clerics because it is considered additional within. According to Ali Gomaa, the addition to bank interest is not considered as usury, because it is a profit from customer investments managed by the bank. This study uses qualitative method with a descriptive approach. The result of this study indicate that Gomaa’s ijtihad methodology on the fatwa of bank interest is a combination of several methods, namely bayani (studying verses and hadiths related to bank interest) then studying and selecting the opinions of previous scholars who permitted bank interest (intiqa’i) and determining the halalness of bank interest by considering the principle of jalb al-mashlahah (istishlahi). The al-maslahah is understood from Gomaa’s paradigm that the nature of a bank as an intermediary institution that functions to invest money where the capital owner (customer) also receives the results of the profit and the bank is a financial institution that can control the community in it.
Islamic Law Review on Feminism in Household Life Widodo, Tri; Fadilah, Aidil Risqi
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i2.137

Abstract

This article discusses Islamic Law's review of feminism in domestic life. Feminism, which originally emerged to fight the oppression of women, is now often considered to have deviated from its main objectives, especially in the context of gender roles and traditional values in the household. This research aims to find out the existence of feminism in Indonesia, the review of Islamic Law on feminism in the household, and efforts that can be made to overcome it. Using a descriptive qualitative approach and literature review, this research collected data from various literatures, books and journals. The results show that feminism in Indonesia, which began with figures such as Raden Ajeng Kartini, aims to achieve gender equality and fight patriarchy, but often contradicts the principle of equality in the interpretation of Islamic Law. Islamic law regulates the roles of husbands and wives by emphasising the protection of family rights, although certain interpretations emphasise the wife's obedience to the husband, which can conflict with the principles of feminism. To overcome the impact of feminism in the household, it is important to increase understanding of rights and obligations in Islam, as well as educate the community through seminars and workshops to achieve sakinah, mawadah, and warahmah families.
Development of Vocational Curriculum at SMK Wicaksana Al-Hikmah II Benda Brebes Regency Naufary, Alfiyan
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 6 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v6i2.138

Abstract

This study aims to analyze and develop a vocational curriculum at SMK Wicaksana Al-Hikmah II Benda, Brebes Regency, in order to improve the relevance of vocational education to the needs of the workforce. This research approach uses a qualitative descriptive method with data collection techniques through interviews, observations, and documentation. The results of the study indicate that the vocational curriculum implemented still requires strengthening in terms of synchronization with local and national industry needs. The curriculum development process is carried out through needs analysis, adjustment of core competencies, and integration of project-based learning. The implementation of this new curriculum is designed to equip students with technical and non-technical skills, such as communication skills, teamwork, and problem solving. Thus, the development of this vocational curriculum is expected to improve the competence of vocational school graduates so that they are better prepared to compete in the workforce and are able to meet industry demands.
Putusan Kumulasi Cerai Gugat Dan Itsbat Nikah Perspektif Istihsan Bi al-Mashlahah (Studi Putusan Nomor 452/Pdt.G/2022/PA.Bkt) Firdaus, Zulkifli
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i1.150

Abstract

The Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law in Indonesia have regulated the implementation of marriage. These provisions regulate legal marriage according to sharia, and must also be recorded by the Marriage Registration Officer of the local Religious Affairs Office. The existence of underhand / siri marriages in Islamic societies in Indonesia sometimes causes legal problems when there is a divorce in the Religious Court due to the absence of a marriage certificate. This study aims to analyze the istihsan bi al-mashlahah method which is one of the considerations of the Bukittinggi Religious Court Judge in Decision Number 452/Pdt.G/2022/PA.Bkt. The verdict granted a cumulative itsbat nikah divorce suit, but the marriage did not meet the statutory provisions and the Compilation of Islamic Law in Indonesia. The method in this research is a normative legal study with a case approach. Primary data is sourced from the Bukittinggi Religious Court Decision Number 452/Pdt.G/2022/PA.Bkt. The conclusion of this research is that the istihsan bi al-mashlahah method used by the judge in order to provide a solution by granting itsbat nikah solely for the divorce process of the plaintiff and the defendant, because of the benefit aspects that will be achieved, namely maintaining the soul (hifz al-nafs) and maintaining offspring (hifz al-nasl).
Menjaga Cinta di Tengah Perbedaan: Upaya Membangun Keharmonisan Keluarga dan Sosial dalam Pernikahan Beda Agama Umam, Muhammad Sholahul
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i1.151

Abstract

Interfaith marriage in Indonesia presents complex challenges and opportunities for family harmony, shaped by Islamic, social, and normative perspectives. This article uses a descriptive qualitative research method with desk research data collection techniques. Legally, interfaith marriage faces significant obstacles due to conflicts between state and religious laws. This results in administrative difficulties and lack of official recognition, which can result in psychological distress and social stigma for couples and their families. Despite these challenges, many interfaith families report harmonious relationships, often achieved through adaptive, tolerant, and inclusive communication strategies that avoid religious conflict and emphasize shared values ​​such as kinship and mutual respect. Islamic legal perspectives generally prohibit interfaith marriage, although some scholars allow exceptions in certain circumstances. Debate continues over the interpretation of religious texts and the role of multiculturalism in legal reform. Socially, interfaith couples experience social and familial rejection, while some societies embrace pluralism and social harmony, suggesting that religious differences do not inherently affect family cohesion. These findings highlight the need for legal reform, improved public education, and psychological support to increase tolerance and protect the rights of interfaith families. The study suggests that communication, tolerance, and understanding between couples are key factors in reducing negative stigma toward interfaith couples, ultimately promoting harmonious coexistence in Indonesia’s diverse society.
ANALISIS USHUL FIKIH TERHADAP DILALAT AL-MAFHUM AL-MUKHALAFAH (HASR, SIFAT, SYARAT, LAQAB, GAYAH, DAN ADAD) Oktaviani, Ria; Fatmawati; Abidin, Zaenal
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i1.165

Abstract

Interpretative challenges in Islamic law frequently arise from the absence of explicit rulings in primary texts. One method used to address this gap is Dilālat al-Mafhūm al-Mukhālafah, which derives legal meaning from the opposite implication of a given expression. This study aims to analyze six principal forms of mafḥūm al-mukhālafah: hasr (restriction), sifat (attribute), syarat (condition), laqab (designation), gāyah (limit), and ‘adad (number), and assess their legitimacy according to various Islamic legal schools. The research adopts a qualitative-descriptive approach through literature review of classical and modern ushul fiqh sources. Findings reveal that the acceptance of each form varies across schools of thought and depends on the context, linguistic structure, and strength of textual indication. Despite the differences, mafḥūm al-mukhālafah remains an essential tool in legal reasoning, especially in contemporary ijtihad where emerging issues require adaptable interpretations. This highlights the significance of mastering this concept to enrich Islamic legal discourse and strengthen contextual application of sharia rulings in modern society.
Green Investment Practices and Challenges in Indonesia's Investment Legal System Ayuningtias, Farah Tarisya
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i1.166

Abstract

Green investment is a vital instrument in achieving sustainable development amidst the global climate crisis. As a country committed to green development agendas, Indonesia has shown increasing interest in environmentally friendly investments, particularly in sectors such as renewable energy, reforestation, and carbon trading. However, the current investment law system in Indonesia remains inadequately equipped to address the complexities of this green transformation. This article examines the current practices of green investment in Indonesia and analyzes its legal challenges using a socio-legal approach. Regulations such as Law No. 25 of 2007 on Investment, the Omnibus Law on Job Creation, and various environmental laws still lack legal clarity on the definition of “green investment,” fiscal and legal incentives, and institutional coordination. In comparison, countries like Singapore and the European Union have adopted sustainable finance frameworks with clear taxonomies and strict oversight mechanisms to prevent greenwashing. The findings of this study highlight that the success of green investment initiatives in Indonesia relies heavily on reforming its investment legal system to be more responsive to environmental concerns and sustainability goals. Policy harmonization between investment, environmental, and fiscal regulations is urgently needed to strengthen systematic and equitable green investment governance in Indonesia