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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
 1   2 
Search results for , issue "Vol 9 No 1 (2024): June 2024" : 16 Documents clear
Analysis of Sigli Syariah Court Judges' Opinion On Ex-Husband's Marriage During Their Ex-Wife's Iddah Period Sukiati, S; Yazid, Imam; Irfan, Muhammad
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.7771

Abstract

This research aims to answer the analysis of the Sigli Syariah Court Judge's views on Circular Letter of BIMAS Ministry of Religious Affairs of Indonesia (Surat Edaran BIMAS Islam Kementerian Agama RI) on Marriage During the Wife's Iddah Period. In 2021, the Islamic Community Guidance of the Indonesian Ministry of Religion issued Circular Letter Number: P-005/DJ.III/Hk.00.7/10/2021 concerning Marriage During the Wife's Iddah Period. In the provisions of letter E number 3 of the Circular Letter, it is stipulated that a man's ex-husband can marry another woman after his ex-wife's iddah period has been completed because it is feared that covert polygamy will occur. Interestingly, in the statutory provisions, there are no provisions relating to the prohibition on a man's ex-husband marrying another woman while he is still in his ex-wife's iddah period. This research is empirical legal research with a qualitative approach, and data collection in this research uses observation, interview techniques, and then analysis. This research found that, in Islamic law, there is no provision for an iddah period for men, and a man does not have to wait for the end of his ex-wife's iddah period if he wants to marry another woman. Sigli Syariah Court Judge argued that the Circular Letter No. P-005/DJ.III/Hk.00.7/10/2021 is in line with the al-maslahah al-ammah theory because it contains beneficial values and aims to avoid hidden polygamy. The value of the benefits contained in the circular letter will be properly realized if formal laws are followed.
Deconstructing Sharia: A Critical Study of Abdullah Al-Naim's Thought on Naskh Jannah, Shofiatul; Hairus Saleh
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.7973

Abstract

This paper explains how Abdullah al-Naim's sharia formulation serves as a problem-solving solution for numerous issues facing the ummah in recent times. Abdullah al-Naim is a Muslim intellectual who is concerned with reforming Sharia to make it relevant to human rights. This reformation comes from the assumption that the sharia formulation in certain aspects is considered to be irrelevant to modern life. It is even considered to be contrary to universal human rights. So, a demand to build a Sharia model with modern public standards arises, especially in relation to human rights. Using a descriptive-analytic method, this paper concludes that the sharia deconstruction he proposes can be seen as a new approach that is extremely intolerant of the rigidity and uniformity of texts, necessitating the destruction of the text's real meaning. Thus, he introduced a method known as the evolution of Sharia (nasakh), which is seen as a modern ijtihad method. This method for the evolution of Sharia provides a model for creating modern Sharia. The concept of al-Naim’s naskh cannot be taken as it is because rational and scientific validity are used as measures of determining truth, and human values are used as goals by putting aside divine values.
Divorce and Its Practices Before A Religious Court; A Perspective Analysis of Islamic Legal Qowiyul Iman, Rifqi; Joni, Joni
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8066

Abstract

This research discusses divorce in Islam, known as "talak." Articles 118 to 120 of the Compilation of Islamic Law regulate "talak raj’i" and "talak ba’in." The issue of divorce in religious courts remains a subject of debate, especially regarding the transfer of the right of divorce from the husband to the religious court judge. This research examines this issue from a jurisprudential perspective. The results indicate that in jurisprudence, "talak" means the dissolution and termination of a marriage bond. "Talak" is divided into "talak raj’i" and "talak ba’in," each with different legal implications. In Islam, "talak" can be pronounced in front of the wife or others. However, in the context of the state, compliance with government regulations is considered important as long as it does not violate Islamic law. The government establishes divorce regulations to maintain administrative order.   Penelitian ini membahas tentang perceraian dalam Islam, yang disebut talak. Pasal 118 s/d 120 Kompilasi Hukum Islam mengatur talak raj’i dan talak ba’in. Permasalahan talak di pengadilan agama masih menjadi perdebatan, terutama terkait pemindahan hak talak dari suami kepada hakim pengadilan agama. Penelitian ini melihat persoalan tersebut dari perspektif fikih. Hasilnya menunjukkan bahwa talak dalam fikih berarti melepaskan dan menghilangkan ikatan pernikahan. Talak terbagi menjadi talak raj’i dan talak ba’in, dengan implikasi hukum yang berbeda. Dalam Islam, talak dapat diucapkan di depan istri atau orang lain. Namun, dalam konteks negara, taat pada peraturan pemerintah dianggap penting, selama tidak melanggar hukum Islam. Pemerintah membentuk peraturan perceraian untuk menjaga ketertiban administrasi.
The Urgency of Understanding Underage Marriage Law Due to Out of Wedlock Pregnancy for Students Budiman, Budiman; Rahmawati, Rahmawati; Fikri, Fikri; Aris, Aris; Akhsan, Muhammad
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8095

Abstract

This study discusses the importance of strengthening the legal understanding of underage marriage due to pregnancy out of wedlock for students in Parepare City. Consisting of two problems: what is the context of the impact of changes in the marriage age law due to pregnancy out of wedlock, and what is the reaction to the rejection of child marriage due to pregnancy out of wedlock for students in Parepare City? The research method is field research through a qualitative descriptive approach. This study uses data analysis with theories of legal change and social inequality. The results showed that students generally understand the context of the impact of changes in marriage age law to protect against the occurrence of underage marriage due to pregnancy out of wedlock with a very high risk. The reaction to the rejection of underage marriage due to extramarital pregnancy has built a paradigm to protect the rights and welfare of children, prevent forced marriage, and avoid adverse health and social risks.
Exploring Weton Calculation for Wedding Dates: Insights From Javanese Culture and Islamic Perspectives Akhiroh, Mazro'atul
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8150

Abstract

This study explores the practice of calculating weton, which has become deeply rooted in the culture of the Javanese community in the Wajak District of Malang Regency, namely, calculating weton to determine wedding dates. The research, employing qualitative methods, aims to investigate or construct claims or explanations behind the facts. Data collection techniques involve observation, interviews, and documentary studies, while data analysis employs deductive methods. The findings reveal that weton consists of a series of seven days in a week: Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and five hari pasaran (market days) for Java, namely Legi, Pahing, Pon, Wage, and Kliwon. When calculating weton, Javanese people generally use three calendars that have been in existence for a long time: the Saka calendar, the Sultan Agung calendar, and the Pranata Mangsa. Weton is classified as al-‘urf al-fasid (a bad habit/tradition) when weton is seen as a talisman and a way to avoid misfortune. In Islam, belief in misfortune is called tathayyur.
Nikah Bacindua in The Perspective of Mashlahah Mursalah in South Batipuh District, Tanah Datar Regency, West Sumatra Hamdani, Hamdani; Yanto, Fendri; Afiza, Fadiah Nur
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8201

Abstract

The principal goal of marriage is to build a sakinah family, as described in the Al-Qur'an Surah Ar-Rum (30:21). However, this noble goal cannot be realized as it should be since the increase in divorce cases. Paradoxically, there is remorse among divorced couples due to the demand for children and other psychosocial factors. This study looks at the practice of tahlil marriage, or what is known as bacindua. This study is field research. The perpetrators of the tahlil marriage, niniak mamak, religious scholars, and community leaders were the primary informants of the research. The research findings showed that tahlil marriage occurs when the husband has already divorced his wife with three kinds of pronouncements of divorce, either three at once or three sequentially. Some people understood that the third talaq, which is declared simultaneously, means triple talaq. This condition triggers the practice of tahlil marriage, in which the wife is told to marry the man her husband is looking for and marry at any time with the help of a person who is considered a religious figure (Angku). It was also found that bacindua has benefits (mashlahah), which are to protect the offspring produced from marriage to the first husband and for the benefit of the children's future. Nevertheless, the practice of tahlil marriage is contrary to the text of the Qur’anic verses and the hadith. Thus, in terms of the benefits, the practice of this type of marriage is categorised as maslahah mulghah.
Confiscated Asset Management According to The Islamic Perspective Salleh, Ahmad Dahlan
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8465

Abstract

This study explores the practice of calculating weton, which has become deeply rooted in the culture of the Javanese community in the Wajak District of Malang Regency, namely, calculating weton to determine wedding dates. The research, employing qualitative methods, aims to investigate or construct claims or explanations behind the facts. Data collection techniques involve observation, interviews, and documentary studies, while data analysis employs deductive methods. The findings reveal that weton consists of a series of seven days in a week: Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and five hari pasaran (market days) for Java, namely Legi, Pahing, Pon, Wage, and Kliwon. When calculating weton, Javanese people generally use three calendars that have existed for a long time: the Saka calendar, the Sultan Agung calendar, and the Pranata Mangsa. Weton is classified as al-‘urf al-fasid (a bad habit or tradition) when seen as a talisman and a way to avoid misfortune. In Islam, belief in misfortune is called tathayyur.  
Discrimination in the Registration of Marriages of Different Religions: Regulation and Practice in Southeast Asia Parut, Wensislaus; Yufriadi, Ferdi; Ngardi, Valensius; Anggraini Rizki, Meisya
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8544

Abstract

This research focuses on discrimination against religious minorities in Indonesia, Malaysia and Brunei Darussalam, three countries with strong religious traditions and legal systems. As a result of this diversity, different religious backgrounds often raise significant legal and social issues when they want to register their marriages, resulting in unpredictable events and difficulties when settling serious matters. This research utilises a qualitative methodology to examine legal texts, court judgements, court decisions, and data from case studies and interviews, which illustrate the complex interaction between religious and sectarian law. Through a comparative analysis of laws in Indonesia, Malaysia and Brunei Darussalam, this study explains how religious and sectarian norms in the legal system impact discriminatory practices. The research findings of legal and administrative challenges faced by interfaith couples, such as denial of marriage registration and the risk of social stigma, suggest a broader tension between religious authorities and state governance. With comprehensive legal reforms that not only address religious issues but also protect the rights of all individuals, and provide valuable insights and recommendations that can be implemented globally by those responsible for the practice of law, particularly in Indonesia, Malaysia and Brunei Darussalam
Analysis of Sigli Syariah Court Judges' Opinion On Ex-Husband's Marriage During Their Ex-Wife's Iddah Period Sukiati, S; Yazid, Imam; Irfan, Muhammad
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.7771

Abstract

This research aims to answer the analysis of the Sigli Syariah Court Judge's views on Circular Letter of BIMAS Ministry of Religious Affairs of Indonesia (Surat Edaran BIMAS Islam Kementerian Agama RI) on Marriage During the Wife's Iddah Period. In 2021, the Islamic Community Guidance of the Indonesian Ministry of Religion issued Circular Letter Number: P-005/DJ.III/Hk.00.7/10/2021 concerning Marriage During the Wife's Iddah Period. In the provisions of letter E number 3 of the Circular Letter, it is stipulated that a man's ex-husband can marry another woman after his ex-wife's iddah period has been completed because it is feared that covert polygamy will occur. Interestingly, in the statutory provisions, there are no provisions relating to the prohibition on a man's ex-husband marrying another woman while he is still in his ex-wife's iddah period. This research is empirical legal research with a qualitative approach, and data collection in this research uses observation, interview techniques, and then analysis. This research found that, in Islamic law, there is no provision for an iddah period for men, and a man does not have to wait for the end of his ex-wife's iddah period if he wants to marry another woman. Sigli Syariah Court Judge argued that the Circular Letter No. P-005/DJ.III/Hk.00.7/10/2021 is in line with the al-maslahah al-ammah theory because it contains beneficial values and aims to avoid hidden polygamy. The value of the benefits contained in the circular letter will be properly realized if formal laws are followed.
Deconstructing Sharia: A Critical Study of Abdullah Al-Naim's Thought on Naskh Jannah, Shofiatul; Hairus Saleh
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.7973

Abstract

This paper explains how Abdullah al-Naim's sharia formulation serves as a problem-solving solution for numerous issues facing the ummah in recent times. Abdullah al-Naim is a Muslim intellectual who is concerned with reforming Sharia to make it relevant to human rights. This reformation comes from the assumption that the sharia formulation in certain aspects is considered to be irrelevant to modern life. It is even considered to be contrary to universal human rights. So, a demand to build a Sharia model with modern public standards arises, especially in relation to human rights. Using a descriptive-analytic method, this paper concludes that the sharia deconstruction he proposes can be seen as a new approach that is extremely intolerant of the rigidity and uniformity of texts, necessitating the destruction of the text's real meaning. Thus, he introduced a method known as the evolution of Sharia (nasakh), which is seen as a modern ijtihad method. This method for the evolution of Sharia provides a model for creating modern Sharia. The concept of al-Naim’s naskh cannot be taken as it is because rational and scientific validity are used as measures of determining truth, and human values are used as goals by putting aside divine values.

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