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Muhammad Fuad Zain
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el-Aqwal: Journal of Sharia and Comparative Law
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : -     EISSN : 29625289     DOI : https://doi.org/10.24090/el-aqwal
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, English or Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Volume 1 Issue 1 (2022)" : 6 Documents clear
Anak di Luar Kawin dalam Hukum Kewarisan Islam: Sebuah Ragam Perspektif dan Analisa Ahmad Rezy Meidina
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (453.891 KB) | DOI: 10.24090/el-aqwal.v1i1.6778

Abstract

Indonesian people commit a lot of fornication and not a few people get pregnant out of legal marriage. Not only that case, but we also find many people in Indonesia who practice unregistered marriages. These cases from both practices have causes and effects on the status of children, which is in the context of inheritance, both Islamically and legally in Indonesia. Therefore, regarding the child's status, it is necessary to ask what the status of his inheritance is. The author uses library research methods or literature studies to answer these questions. In this case, the results of this research will be found from various literature and perspectives to resolve the status of children out of marriage with a broader explanation. From the author's search, it was found that children who birth from fornication (out of Islamic marriage) did not get a share of the inheritance. Meanwhile, the status of a child from an unregistered marriage also does not get an inheritance as long as it cannot be adequately proven.
Bermazhab adalah Keniscayaan Sejarah Khoerul Umam
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.295 KB) | DOI: 10.24090/el-aqwal.v1i1.6779

Abstract

At the time of the Prophet Muhammad SAW, Islamic law was never different because the Prophet Muhammad was the only human being who had the authority and legality to convey Islamic law through the al-Quran and Hadis. The understanding of the companions at the time of the Prophet Muhammad SAW had the same legal perspective on each of the same problems and if they found a new problem they only asked for the law from the Prophet Muhammad. After the Prophet Muhammad’s death, differences of opinion began to occur among the Muslims. This happened because the Prophet Muhammad himself had said to do ijtihad if he did not find the law in the al-Quran and Hadis. Therefore, the companions had their own ijtihad in solving the problems they faced. In the next era, differences of opinion continued to occur, even the implications of these differences formed a mazhab that still exists today. The Muslim community cannot be separated from the mazhab because in making Islamic law or the method of making Islamic law, they must use the work of the scholars of the mazhab.
Madzhab Fikih Indonesia: Akar Historis dari Arab hingga Indonesia Ahmad Zayyadi; Wahyu Heru Pamungkas
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.456 KB) | DOI: 10.24090/el-aqwal.v1i1.6780

Abstract

Indonesian fiqh are that is determined based on the personality and character of the Indonesian nation according to Hasbi as-Shiddiqi. In Indonesia, in fact, the most widely followed school of jurisprudence in Indonesia is the thought of Imam Syafii. Imam Syafii was born in Gaza (near Palestine) in 150 H and died in 204 H. The Shafii school of jurisprudence was brought by missionaries and scholars who came to Indonesia to spread Islam. After this Islamization, the indigenous clerics appeared and it was later discovered that all of them were supporters of the Shafi’i school. Hasbi Ash-Shiddieqy and several other Indonesian scholars, who are the initiators of Indonesian Fiqh, have the idea that situations and conditions such as those above have had a fairly dominant influence in the emergence of Indonesian Fiqh ideas, that the principles of Islamic law actually provide wide space for development and ijtihad- new ijtihad. The foundations of Islamic law that have been established so far, such as ijma’, qiyas, maslahah mursalah, ‘urf, and the principle of “change of law due to changes in time and place”, will actually reap discrepancies when there is no new ijtihad. The theory and method used in this article is a historical framework by using a comparative study of the Arabic madhhab and the Indonesian madzhab, thus finding a study of living fiqh with an Indonesian perspective.
Putusan MK Nomor 86/PUU-X/2012 Dilihat dari Perspektif Fiqih Siyasah: Respon Politik Hukum Masyarakat Sipil melalui Judicial Review UU No. 23 Tahun 2011 Tentang Pengelolaan Zakat Imron Hamzah
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.126 KB) | DOI: 10.24090/el-aqwal.v1i1.6781

Abstract

After the issuance of the Zakat Management Act No. 23 of 2011 as a part of which was intended to improve the previous Law (Law No. 38 of 1999) it still reaped contra from the community, especially private amil zakat institutions. Considering that the existing laws were deemed insufficient to accommodate the potential development of zakat in Indonesia, Commission VIII of the House of Representatives of the Republic of Indonesia formulated the new law on zakat management. However, since Law no. 38 of 1999, which previously had regulated the Management of Zakat, followed by a new law instead caused controversy among practitioners, academics, the public, the Amil Zakat Institution (LAZ) and other stakeholders. The fact that proves the existence of this controversy is the application for a judicial review to the Constitutional Court/MK. The applicants submitted a judicial review of several articles in the zakat management law based on four main points, namely the existence of criminalization, centralization, subordination, and marginalization. This effort is a legal political response and a manifestation of the role of the socio-political power of civil society in Indonesia, therefore this paper describes what and how the legal political efforts of civil society represented by several LAZ (Amil Zakat Institutions) respond through a legal effort called judicial review of Law No. 23 of 2011 concerning Zakat Management and proven successful with the issuance of the Constitutional Court Decision Number 86/ PUU-X/2012.
Peran Lembaga Fatwa Wilayatul Faqih dalam Negara Islam Iran Putri Amanah; Khoerul Anwar
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (429.432 KB) | DOI: 10.24090/el-aqwal.v1i1.6783

Abstract

The Islamic State of Iran is an Islamic state that adheres to Syiah and makes it a mazhab that must be followed by the entire Muslim community of Iran. This indicates the very strong influence of the Syiah sect in the country, so it is not surprising that the Wilayatul Faqih institution was formed which has an important role in the running of the Iranian state. The decision issued by Wilayatul Faqih is a decision that must be carried out by the government because the fatwa of the scholars contained in the institution is something sacred and cannot be denied so that indirectly the power of the Iranian state is in the hands of the scholars who are in the Wilayatul Faqih because of the large power that the institution has. The Wilayatul Faqih Institute was initiated by Ayatullah Koemaini as an important institution to be formed after successfully changing Iran’s democratic system to an Islamic state that adheres to Syiah. The institution has several functions, including providing fatwas, preserving Islamic law, advancing education, providing direction related to taxes, providing humanitarian services in general, and also many other functions that are the duties and functions of the institution, and the most important thing is serve as supervisors for government agencies.
Ijma’ Sukuti dalam Pelebaran Mas’a dan Mina Jadid Perspektif Sumber-Sumber Utama Hukum dalam Ushul Fiqh Mohamad Toha Umar
Jurnal Syariah dan Hukum Komparatif Volume 1 Issue 1 (2022)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (448.905 KB) | DOI: 10.24090/el-aqwal.v1i1.6786

Abstract

By definition, ijma’ sukuti means a condition when one or more mujtahids express an opinion on a problem that is widespread in the community and the other mujtahids do not respond or remain silent with that opinion. Opinions in this case can be in the form of fatwas or legal decisions. The most well-known practice of ijma’ sukuti is the legal decision imposed by Amirul Mu’minin Umar bin Khattab which punishes alcohol drinkers with 80 lashes. Originally, in the hadith it is stated that the punishment for drinking khamr is 40 lashes. Umar added that the sentence was doubled on the grounds that 40 lashes were used as punishment for drinking khamr and 40 lashes as a punishment for drinking khamr must have done something disturbing to the public because he was drunk. As for the connection with the widening of masya’irul haram places, such as in the area of pilgrimage rituals, including those carried out by Khadimul Haramain al-Sharifain at the agreement of Saudi scholars and silenced by world scholars, it is a manifestation of the methodology of ijtihad of fiqh law with the ijmak sukuti model. This article uses the ushul fiqh approach by exploring the sources of Islamic law

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