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Al Hurriyah : Jurnal Hukum Islam
Published by Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
ISSN : 25493809     EISSN : 25494198     DOI : https://dx.doi.org/10.30983/alhurriyah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al Hurriyah: Jurnal Hukum Islam is a journal which publishes the research results related to the Islamic law from various disciplines or interdisciplinary such as Sharia Economy Law or Islamic Economy Law/Muamalah, Islamic Constitutional Law/Siyasah, Islamic Family law/Ahwal Al-Shakhsiyah, Islamic Criminal Law/Jinayah, Islamic Law Methodology or Methodology of Islamic Law/Maqashid Sharia, and Sociology of Islamic Law. The editorial team invites the researchers, scholars, and Islamic studies and social observers to submit the research result article which has never been published in the media or other journals. Al Hurriyah is published twice a year, in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol 7 No 2 (2022): July - December 2022" : 16 Documents clear
The Marriage Agreement in Article 29 of Law Number 1 of 1974 is Reviewed According to Islamic Law Wati, Reka Desrina
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.4125

Abstract

The purpose of this research is to determine the view of Islamic law on the Marriage Agreement in Article 29 of Law no. 1 of 1974. This research is juridical normative because it examines sources of written legal data and library materials by referring to the statute approach and syar'i approach related to Islamic law. The Sources of legal materials used in this study are primary and secondary legal materials. Marriage requirements can only be made before and at the time of the contract, where the contents must not conflict with the syari'at and the purpose of marriage. Ulama clarified that there is a marriage agreement that is shahih, which is that it has benefits and is in accordance with the purpose of the marriage, so this must be fulfilled, the conditions that fasid do not have to be fulfilled because there are parties who are hurt and it is against the law The contents of the agreement can include assets in marriage and other agreements. The agreement that has been made cannot be revoked again, because this is likened to a person who withdraws a gift that he has given and Rasulullah Saw strongly denounces this act. However, this is allowed if there is an agreement between both parties and neither party is disadvantaged. 
Halal Certification Standards for Chicken Slaughter in Traditional Markets Sukardi, Didi; Hafizd, Jefik Zulfikar; Setiawan, Fajar Faturrachman
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.4474

Abstract

Slaughter is a halal condition that can be consumed by land animals. That is, these animals are not halal without the slaughter process. Some broiler chicken owners still ignore the slaughtering process in accordance with Islamic sharia. This research is a field research, namely research conducted at the location that is the object of research, namely Cigasong Traditional Market, Majalengka Regency. In this research the method used is interview.From the research, it was concluded that: slaughtering by Rabani Slaughter House in the Cigasong traditional market, which was slaughtered by Mr. Lalan's employees, the slaughtering process was in accordance with MUI Fatwa number 12 of 2009 concerning Halal Slaughter Certification Certification Standards. Regarding slaughtering of slaughtered chickens, the implementation of slaughtering carried out at Rabani Chicken slaughterhouses in the Cigasong traditional market has all been met with Halal Slaughtering Certification Standards. Then it is suggested: The owner of the slaughterhouse at the Cigasong traditional market must pay attention and ensure the slaughter, For the Majalengka Ulema Council should pay regular visits to the place of broiler sellers in the Cigasong traditional market against Halal Slaughter Certification Standards. Is it already running, implemented and implemented by every owner of the Chicken House.
Legal Children in Pregnant Marriage: A Juridical Analysis of Indonesian Positive Law Abidin, M. Nur; Basit, Abdul
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5321

Abstract

The discourse of pregnant marriage is always interesting to study from a legal perspective, both Islamic and civil law, the different views of the fuqoha and also the controversy in understanding whether or not pregnant marriage is permissible. Different understandings are found in KHI which on one side is a normative backing and on the other side opens the room for adultery. As a result of being pregnant before, it was not a problem because children born during marriage became legal children, regardless of the age of the child's womb when both parents performed the marriage contract, while SE Director General of Islamic Guidance and Hajj Affairs No: D/ED/PW.01/03/1992 Regarding the Instructions for Completing Marriage, Divorce, Divorce and Referral Forms (NTCR), it is stated that a legitimate child is a child born at least more than six months from marriage, if the child born less than six months is interpreted as the child of the mother.One of the requirements for marriage administration is a birth certificate, if the first child is a girl, must be accompanied by a quote from the marriage book of both parents at the time of registration, this is to check the marriage date of both parents and also be equipped with a birth certificate to check when the child was born. So far, even if the birth certificate contains the names of both parents, but when confronted at the time of the examination the child was born less than six months after the marriage contract, the father's name was not listed in the marriage certificate. In line with this, from a legal perspective, the binding force between KHI and the Circular Letter is stronger than the KHI or Circular in the Registration and Implementation of Marriages.
Vaccination and Forms of Self-Protection in the Covid-19 Pandemic Maqashid Sharia Perspective: Perceptions of STAI Darul Arafah Students Albani, Muhammad Syukri
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5369

Abstract

In Indonesia, one of the ways to deal with the COVID-19 pandemic is the implementation of a vaccination program in which the implementation of this program has pros and cons in the community, one of the reasons is the level of effectiveness of the vaccine itself is still in doubt and the halalness of the product. Halal products are very important considering that the majority of the population in Indonesia is Muslim. This study focuses on the perceptions of STAI Darul Arafah students in interpreting the covid 19 vaccination as a form of self-preservation during a pandemic, the purpose of this study was to find out the extent of understanding and opinions of Stai Darul Arafah students in participating in the covid 19 vaccination program as a form of self-preservation. or self-preservation (Hifzu Nafsi). The final results of this study illustrate that the Indonesian government is considered quite good, even very good in the process of carrying out this Covid 19 vaccination. Regarding the vaccine used, the majority already believe in the efficacy of the Covid 19 vaccine, although there are still some respondents who do not fully believe that the Covid 19 vaccine is halal to use.
The Existence of High Heirloom Assets in Nagari Muaro Paiti and Their Relevance to Contemporary Islamic In Heritance Rahmad, Beni; Yenti, Endri; Alwana, Hanif Aidhil
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5404

Abstract

High heirloom assets are assets that are jointly owned by a people who have blood ties and are inherited from generation to generation from previous ancestors, and these assets are under the management of the head of the inheritance (eldest male in the clan). High heirlooms do not belong to individuals, but belong to a group together. Inheritance from high inheritance applies a collective system, namely the property is not divided and delivered to the recipient group in the form of an undivided unit. To guarantee land ownership for its people, the government makes rules regarding land ownership, namely Law no. 5 of 1960. With this law, many people have certified their land, including high inheritance in the form of ulayat land in Muaro Paiti village, as private property rights recognized by law. As a result of the certificate of high inheritance into private property, of course, the system of inheritance of high inheritance has changed into inheritance according to the laws in force in Indonesia, namely Islamic inheritance.
Annulment of Marriage and Khuluk in Family Law in Muslim Countries: A Comparative Study of Family Law in Syria, Sudan, Turkey and Indonesia Hakim, Abdul
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5561

Abstract

This research discusses the renewal of family law which regulates marriage, child-rearing, inheritance, and so on in several Muslim countries. In line with the times, countries, where the majority of the population is Muslim, have begun to reform their respective country's legal systems, both criminal law, and civil law. The research in this article aims to determine the comparison of one country to another according to the level of secular, liberal, or viewed from another side in efforts to reform family law. The research in this article is qualitative research using the literature study method. The research in this article uses a comparative and historical approach. Sources of data in this study are legal products of Islamic countries, scientific journals, and other supporting documents. The research in this article finds that Syria and Sudan are examples of Islamic countries that still maintain Islamic law and its values in their laws and regulations. Meanwhile, Turkey has gone far beyond Islamic law and adopted Western legal standards. Indonesia did not adopt Islamic law as a whole and also did not adopt Western law as a whole.
Islamic Law Analysis of MUI Fatwa No. 13 of 2021 Concerning the Law of Covid-19 Vaccination During Fasting Elvia, Evi Eka
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5805

Abstract

The object of this study is the fatwa of the Indonesian Ulama Council (MUI) regarding the law of vaccination during fasting. This fatwa was made on the basis of an urgent interest regarding the law of whether or not to vaccinate while fasting. This study uses the nas and ushul fiqh approaches. The data used is to use 'illat (reason) reasoning. The theory used uses the istihsan theory. The interests on which it is based are the interests of the maslahah (public interest), taking into account five interests, namely maintaining religion, nurturing the soul, maintaining reason, maintaining offspring, and maintaining property. This research study contains three findings. First, MUI fatwas have been comprehensively compiled from various valid sources, the Qur'an, hadith, fiqh rules, and scholarly opinions so that there is no doubt about the legal provisions. Second, this fatwa connects and integrates science and religious knowledge that contributes to solving problems in the midst of the COVID-19 pandemic. Third, fatwa’s appear at the right time in the condition of people who urgently need legal clarity on the law of vaccination while fasting.
Legality of Islamic Law Against the use of Public Roads for A Wedding Party Busyro, Busyro; Tarihoran, Adlan Sanur
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.5864

Abstract

The public road is a facility for those who passed by the public to support mobility. Islamic teachings determine that the public road is right to base humans who don't can in the sky by anyone. However,some people has utilise the public road for interest marriage party and events personal other so that disturb and hinder activity society. This paper aims to study the legality of Islamic law in middle take effect law positive in Indonesia regarding with use of public roads for doingmarriage reception (walimah) with a focus on two questions: First, what difference among legalization of Islamic law with law positive in case usage the public road for interest carry out party marriage? Second, is regulation of government about settings use the public road for interest party marriage in accordance with the legalization of Islamic law? Type this study is a research library with an approach qualitative. Data collection is carried out with read news, books, and related articles with problem study and analysis with the deductive method. Results of this study show that Islamic law has considered legal when already ijtihad by scholars, different with law positive that the legislation must be validated by the government, and government regulation that regulates using the public road for interest party marriage has produced benefits in accordance with the desired goal achieved in legalization Islamic law.
The Marriage Agreement in Article 29 of Law Number 1 of 1974 is Reviewed According to Islamic Law Wati, Reka Desrina
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.4125

Abstract

The purpose of this research is to determine the view of Islamic law on the Marriage Agreement in Article 29 of Law no. 1 of 1974. This research is juridical normative because it examines sources of written legal data and library materials by referring to the statute approach and syar'i approach related to Islamic law. The Sources of legal materials used in this study are primary and secondary legal materials. Marriage requirements can only be made before and at the time of the contract, where the contents must not conflict with the syari'at and the purpose of marriage. Ulama clarified that there is a marriage agreement that is shahih, which is that it has benefits and is in accordance with the purpose of the marriage, so this must be fulfilled, the conditions that fasid do not have to be fulfilled because there are parties who are hurt and it is against the law The contents of the agreement can include assets in marriage and other agreements. The agreement that has been made cannot be revoked again, because this is likened to a person who withdraws a gift that he has given and Rasulullah Saw strongly denounces this act. However, this is allowed if there is an agreement between both parties and neither party is disadvantaged. 
Halal Certification Standards for Chicken Slaughter in Traditional Markets Sukardi, Didi; Hafizd, Jefik Zulfikar; Setiawan, Fajar Faturrachman
Alhurriyah Vol 7 No 2 (2022): July - December 2022
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v7i2.4474

Abstract

Slaughter is a halal condition that can be consumed by land animals. That is, these animals are not halal without the slaughter process. Some broiler chicken owners still ignore the slaughtering process in accordance with Islamic sharia. This research is a field research, namely research conducted at the location that is the object of research, namely Cigasong Traditional Market, Majalengka Regency. In this research the method used is interview.From the research, it was concluded that: slaughtering by Rabani Slaughter House in the Cigasong traditional market, which was slaughtered by Mr. Lalan's employees, the slaughtering process was in accordance with MUI Fatwa number 12 of 2009 concerning Halal Slaughter Certification Certification Standards. Regarding slaughtering of slaughtered chickens, the implementation of slaughtering carried out at Rabani Chicken slaughterhouses in the Cigasong traditional market has all been met with Halal Slaughtering Certification Standards. Then it is suggested: The owner of the slaughterhouse at the Cigasong traditional market must pay attention and ensure the slaughter, For the Majalengka Ulema Council should pay regular visits to the place of broiler sellers in the Cigasong traditional market against Halal Slaughter Certification Standards. Is it already running, implemented and implemented by every owner of the Chicken House.

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