Al Hurriyah : Jurnal Hukum Islam
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.
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<![CDATA[A Review of Urf on the Distribution of Dapua Coupons During Eid Al-Adha ]]>
<![CDATA[Rahmi, Lailatul]]>;
<![CDATA[Ridha, Sofia]]>;
<![CDATA[Rahmi, Rahmi]]>;
<![CDATA[Naali, Basri]]>;
<![CDATA[Andriyaldi, Andriyaldi]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8075
<![CDATA[The background of this study is the difference the committee has been chosen as the divider of dapua coupons, will distribute the coupons in the afternoon on the day before the slaughter day, they distribute coupons from one house to another, but in the distribution of dapua coupons there are differences from one house to another, some are given 2 coupons in one family consisting of 3 people, There are 3 coupons in one family of 5 people and there are given 3 coupons in one family consisting of 7 people. When viewed in terms of habits or 'urf that usually apply in society in general, distributing qurban coupons is distributed equally. In this research method, the author conducted qualitatively, namely research carried out systematically by raising existing data in the field. Where researchers try to find information or sources that can be used as sources of research data at this writing is the head of the qurban, the committee that distributes coupons. To obtain data and material in this writing, the author immediately went to the field to get the desired data in the field by interviewing the source concerned. The results of the study concluded that the system used to distribute dapua coupons was carried out by calculating the number of families or based on KK (family cards), in terms of 'urf or custom is urf shahih, because it is in accordance with Islamic shari'a and brings fame to the community.]]>
<![CDATA[The Influence of Modernization on the Phenomenon of Sirri Marriage Among Libyan Students from the Perspective of Islamic Family Law ]]>
<![CDATA[Alfarisi, Salman]]>;
<![CDATA[Arwani, M. Khairul]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8549
<![CDATA[This study explores the impact of modernization on the practice of Sirri marriage among Libyan students, analyzed through the lens of Islamic Family Law. Sirri marriage, an unofficial and unregistered form of marriage, has seen a notable increase among young Libyans, particularly students. The research delves into the underlying reasons for this trend, examining how modernization characterized by rapid social, cultural, and economic changes has influenced students' attitudes and choices regarding marriage. By employing qualitative methods, including interviews and surveys, the study captures personal narratives and broader social patterns. It reveals a complex interplay between traditional values and modern aspirations, highlighting how students navigate their religious obligations and contemporary societal pressures. The findings indicate that modernization has both challenged and reshaped traditional marriage practices, leading to a rise in Sirri marriages as a pragmatic solution to financial constraints and social expectations. Additionally, the study discusses the legal and ethical implications of Sirri marriage within the framework of Islamic Family Law, considering the perspectives of scholars and practitioners. This research contribution offers a valuable insight into the evolving marriage landscape in Libya, providing a nuanced understanding of how modernisation affects young people's decisions and the wider implications for Islamic family law.]]>
<![CDATA[Catha Edulis Consumption and its Effects on Economic and Social Well-Being in Yemen ]]>
<![CDATA[Abdulsiddik, Yusep]]>;
<![CDATA[Afifah, Sarah]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8581
<![CDATA[This qualitative study investigates the impact of Catha edulis (qat) consumption on the economic and social well-being in Yemen, employing the Maqashid Syari'ah framework and a review of relevant literature. Based on secondary data from prior research and sources on Maqashid Syari'ah, the study reveals that qat consumption has significant negative effects on Yemeni society. Socially, it leads to diminished productivity, higher unemployment, and strained family relationships. Economically, the expense of qat diverts resources from essential needs, worsening poverty. Additionally, excessive qat use is linked to health issues, such as oral diseases and psychological problems, which further deteriorate societal well-being. The analysis, viewed through the Maqashid Syari'ah perspective which aims to protect and promote the well-being of individuals and society highlights a misalignment between qat’s socio-cultural benefits and Shariah objectives of safeguarding health, wealth, and family integrity. The study concludes with recommendations for policy and community strategies to address the adverse impacts of qat and foster a more comprehensive approach to improving well-being in Yemen]]>
<![CDATA[Tradition Mulao Cucu Ayae After Marriage Contract in Sungai Liuk Village: Urf and Interactionism Approach ]]>
<![CDATA[Mayang Sari, Marsika]]>;
<![CDATA[Zufriani, Zufriani]]>;
<![CDATA[Iskandar, Nuzul]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8613
<![CDATA[The Mulao Cucu Ayae Tradition is a significant ceremony in Sungai Liuk Village, Kerinci, performed after the marriage contract. This study explores the symbolic meaning of the tradition and its role in fostering social and religious values. Using a qualitative descriptive approach, data were gathered through interviews and observations with local traditional leaders. The findings reveal that Mulao Cucu Ayae serves as both a religious ritual and a moral guide, instilling discipline and cleanliness in the prospective couple's household. Key symbols, such as "banana dandan kelapa," play a role in enhancing personal growth and community identity. Additionally, the tradition strengthens cultural ties and interpersonal relationships within the local community. This research underscores the importance of preserving such ceremonies and contributes to a broader understanding of Indonesia's rich and diverse religious traditions.]]>
<![CDATA[The Qaul Qadim and Qaul Jadid: A Sociological Review of The Evolution of Islamic Law ]]>
<![CDATA[Rahmi, Yulia Rahmi]]>;
<![CDATA[Rozi, Syafwan]]>;
<![CDATA[Helfi, Helfi]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8637
<![CDATA[Through an examination of the evolution of Imam Shafi'i's philosophy, this paper investigates the sociological distinctions between Qaul Qadim and Qaul Jadid in Islamic legal theory. Although Qaul Jadid is a modification of his views after he went to Egypt, Qaul Qadim refers to the legal opinions he presented while in Iraq. The purpose of this study is to identify the social, political, and cultural factors that shaped the change in Qaul Qadim to Qaul Jadid philosophy. This study analyzes the text and applies a historical approach as a qualitative technique. The findings indicated that in addition to regional variations, certain social and cultural shifts in Egypt necessitated amendments to the legislation to make it more relevant to the local population. The adaptability and flexibility of Islamic law in reaction to societal circumstances are highlighted by this research. It strengthens the debate on the evolution and dynamics of Islamic legal thinking and confirms the need for contextualization in the implementation of shari'ah law. Therefore, the knowledge of how Islamic law evolves and remains applicable in different social situations is greatly advanced by this study. Furthermore, a deep grasp of Qaul Jadid and Qaul Qadim supports Islamic law practices in addressing the issues of the modern world. It facilitates their guaranteeing the validity and relevance of sharia law in the many modern situations.]]>
<![CDATA[The Role of Central Kalimantan Indonesian Ulama Council (MUI) in Encouraging Muslim Participation in Regional Elections: Perspective of Fatwa on Prohibition of Abstention ]]>
<![CDATA[Ahmidi, Ahmidi]]>;
<![CDATA[A.S. Pelu, Ibnu Elmi]]>;
<![CDATA[Noor Ihsan, Reza]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8672
<![CDATA[This study examines and proposes several roles that Central Kalimantan Indonesian Ulama Council [Henceforth (MUI)] can play in encouraging Muslim participation in regional elections [Henceforth (Pilkada or Pemilukada)] through the perspective of fatwa on prohibition of abstention [Henceforth (golput)]. As a religious institution, MUI holds a strategic role in guiding Muslims on political issues, particularly regarding Pemilukada. In a democratic system, participation is crucial for electing leaders who can ensure people’s welfare and fulfill their responsibilities. The fatwa on the prohibition of golput, issued by MUI, serves as a normative foundation for Muslims to exercise their voting rights in Pilkada. This study utilized normative juridical by reviewing various secondary sources and literature relevant to the topic. The findings reveal that Central Kalimantan MUI can promote political awareness among Muslims in the region, with MUI actively participating in public outreach and campaigns about the importance of political participation. Furthermore, collaboration with local institutions such as the Indonesian Da’wah Institution, religious counselors, and media platforms is key in promoting Muslim voter participation through the fatwa on the prohibition of golput. This study also found that the fatwa has been highly effective in raising awareness among Muslims about the significance of their political involvement in regional elections.]]>
<![CDATA[Maqasid Sharia Jasser Auda Theory: Systems Approach to Islamic Family Law in the Digital Era ]]>
<![CDATA[Musarrofa, Ita]]>;
<![CDATA[Muttaqin, Husnul]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8979
<![CDATA[The digital era is characterized by the rapid use of information technology in daily human interactions. The telepresence feature of the virtual world, which allows for remote interactions, presents unique challenges for Islamic family law, which in some provisions requires the physical presence of parties when conducting contracts. Problems that arise include issues such as the validity of online marriage contracts (ijab kabul), fulfilling sexual needs of long-distance relationship (LDR) couples online, divorce and reconciliation via social media, and so forth. This paper aims to examine Jasser Auda's thoughts on maqasid Sharia using a systems approach by conducting a content analysis of Jasser Auda's main works in the field of maqasid Sharia. Jasser Auda's proposal is then tested for its ability to address the issues of family law in the virtual world. The six system features offered by Jasser Auda as a problem-solving method are highly relevant in providing solutions to the emerging issues of Islamic family law in the digital era. The features of openness and purposiveness provide ample room for society to freely leverage the potential of the digital world without losing authenticity to the primary Islamic texts. These features allow for the incorporation of digital customs (`urf) as a category of `urf that can serve as a legal basis in determining the rulings for various activities occurring in the virtual world.]]>
<![CDATA[A Review of Urf on the Distribution of Dapua Coupons During Eid Al-Adha ]]>
<![CDATA[Rahmi, Lailatul]]>;
<![CDATA[Ridha, Sofia]]>;
<![CDATA[Rahmi, Rahmi]]>;
<![CDATA[Naali, Basri]]>;
<![CDATA[Andriyaldi, Andriyaldi]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30983/al-hurriyah.v9i2.8075
<![CDATA[The background of this study is the difference the committee has been chosen as the divider of dapua coupons, will distribute the coupons in the afternoon on the day before the slaughter day, they distribute coupons from one house to another, but in the distribution of dapua coupons there are differences from one house to another, some are given 2 coupons in one family consisting of 3 people, There are 3 coupons in one family of 5 people and there are given 3 coupons in one family consisting of 7 people. When viewed in terms of habits or 'urf that usually apply in society in general, distributing qurban coupons is distributed equally. In this research method, the author conducted qualitatively, namely research carried out systematically by raising existing data in the field. Where researchers try to find information or sources that can be used as sources of research data at this writing is the head of the qurban, the committee that distributes coupons. To obtain data and material in this writing, the author immediately went to the field to get the desired data in the field by interviewing the source concerned. The results of the study concluded that the system used to distribute dapua coupons was carried out by calculating the number of families or based on KK (family cards), in terms of 'urf or custom is urf shahih, because it is in accordance with Islamic shari'a and brings fame to the community.]]>
<![CDATA[Islamic Law in the Digital Era: Artificial Intelligence as A Revolutionary Legal Tool in The 21st Century ]]>
<![CDATA[Edo Rahman, Muhammad]]>;
<![CDATA[Syahriani, Fadilla]]>;
<![CDATA[Jampa, Wilibaldus]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
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DOI: 10.30983/al-hurriyah.v9i2.8545
<![CDATA[artificial intelligence (AI) as a transformative force in various sectors, including the legal domain. This research uses a qualitative approach to explore the intersection between Islamic law and AI, and how AI serves as a revolutionary tool that reshapes the practice and interpretation of Sharia in the digital age. Through qualitative methods such as in-depth interviews with Islamic legal experts, content analysis of legal literature, as well as case studies of AI applications in the context of Islamic law, this research explores how AI can improve legal reasoning, streamline judicial processes, and ensure more accurate and consistent legal outcomes in Islamic jurisprudence. The research offers a comprehensive analysis of the opportunities and challenges presented by AI in the context of Islamic legal practice, and proposes a balanced approach in utilising the technology while upholding the integrity of Sharia. The findings contribute to a deeper understanding of the role of AI in the modernisation of Islamic law, paving the way towards a future where technology and tradition can coexist harmoniously.]]>
<![CDATA[The Influence of Modernization on the Phenomenon of Sirri Marriage Among Libyan Students from the Perspective of Islamic Family Law ]]>
<![CDATA[Alfarisi, Salman]]>;
<![CDATA[Arwani, M. Khairul]]>
<![CDATA[ Alhurriyah Vol 9 No 2 (2024): December 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
|
DOI: 10.30983/al-hurriyah.v9i2.8549
<![CDATA[This study explores the impact of modernization on the practice of Sirri marriage among Libyan students, analyzed through the lens of Islamic Family Law. Sirri marriage, an unofficial and unregistered form of marriage, has seen a notable increase among young Libyans, particularly students. The research delves into the underlying reasons for this trend, examining how modernization characterized by rapid social, cultural, and economic changes has influenced students' attitudes and choices regarding marriage. By employing qualitative methods, including interviews and surveys, the study captures personal narratives and broader social patterns. It reveals a complex interplay between traditional values and modern aspirations, highlighting how students navigate their religious obligations and contemporary societal pressures. The findings indicate that modernization has both challenged and reshaped traditional marriage practices, leading to a rise in Sirri marriages as a pragmatic solution to financial constraints and social expectations. Additionally, the study discusses the legal and ethical implications of Sirri marriage within the framework of Islamic Family Law, considering the perspectives of scholars and practitioners. This research contribution offers a valuable insight into the evolving marriage landscape in Libya, providing a nuanced understanding of how modernisation affects young people's decisions and the wider implications for Islamic family law.]]>
