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Muhammad Fuad Zain
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elaqwal@uinsaizu.ac.id
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Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto
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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 2 Issue 1 (2023)" : 6 Documents clear
Measuring Islamic Legal Philosophy and Islamic Law: a Study of differences, typologies, and objects of study Muhammad Fuad Zain; Ahmad Zayyadi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (524.415 KB) | DOI: 10.24090/el-aqwal.v2i1.7472

Abstract

This paper explores the philosophy of Islamic law and Islamic law in terms of definition, object, and implementation. The two cannot be separated in the discourse of Islamic law. By understanding the two terms, will be wise in giving the law to a problem that arose both in classical times and now. Philosophy of Islamic Law with a philosophical approach uncovers fundamental issues conceptually, methodically, systematically, radically, universally, com­prehensively, and rationally. Meanwhile, the law, within the framework of Islamic norms, is formal legislation and from customs recognized by the ummah. The objects and methods of Islamic legal philosophy are to achieve benefit and the ultimate goal of Maqāsid al-Syarīʻah and are analytical, epistemological, critical, rational, and comprehensive.
The Influence of Dress Code on the Quality of Higher Education from a Sharia Critical Perspective: A Case Study of Umma University Manswab Mahsen Abdulrahman
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (548.42 KB) | DOI: 10.24090/el-aqwal.v2i1.7637

Abstract

Umma University is Kenya's first Islamic-based university, chartered in 2019, and was founded to improve access towards quality higher education for diverse individuals, cultures and communities. Subsequently, the university received many students from different religions, communities, and cultures, some of whom have violated the dress code initiated by the university. This is the research problem. This study's main objective was to explore the causes of indecent dressing among the students as well as to enhance the culture of proper dressing in higher learning institutions in general and at Umma University in particular. The study will use both quantitative and qualitative research methods. Open-ended questions were used. In addition to that, a questionnaire will be used, involving 103 students as representative respondents. The researcher will review references and study dissertations relating to dress code. The findings show that the most prominent factor of indecent dress is "freedom of choice" (68%), followed by the negative influence by foreign cultures through social media (66%), implementing dress codes doesn’t solve genuine problems in the university (57%), peer pressure (57%), and there is no specific penalty in the dress code (51%), among others. Therefore, it is recommended to amend the student dress code in the student information handbook 2020 while creating more awareness of the dress code through the use of announcements on notice boards and other means in strategic locations across the university premises.
Historicity of Islamic Inheritance Law in Indonesia and Turkey Mega Puspita; Ahmad Rezy Meidina
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.189 KB) | DOI: 10.24090/el-aqwal.v2i1.7648

Abstract

This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.
Guardianship, Its Importance and Developments: A Comparative Study Between Shariah Law and the Positive Law Abdul Azeez Maruf Olayemi; Anthoney Gbadebo Olagunju
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i1.7706

Abstract

Guardianship ‘Tutelae’ as a legal concept is as old as mankind.  In antiquity, the communal and societal guardian is referred to as a messenger of God, prophet, priest and etc. He or she is believed to be a divine guardian that is appointed by God to lead each community or society, custodis mortalis. However, guardianship as an institution is not restricted to the communal and societal systems alone; it is also important to the family system and to the individual person when he or she is a minor or incapacitated.  The institution is important to ensure that the interest of the present and future generations and the care of the people as o whole are preserved.  However, the institution has positively undergone various developments in the present. Its importance and its transformations are discussed in this paper from the perspective of Shariah and Positive Laws.  
Hukm Washiyyah al-Muslim wa Shihhatuha li Ghair al-Muslim: Dirasah Muqaranah Bayna al-Fiqh al-Islami wa Qanun al-Washiyyah fi Majmu’ al-Ahkam al-Islamiyyah al-Indunisiyyah Khoirul Amru Harahap
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i1.7733

Abstract

The debate of Jurisprudence scholars on law and validity of the will of a Muslim to a non-Muslim in the area of harbi, musta’min, and apostate. Whether a will is valid or not depends on the fulfillment of its pillars and conditions. Although the scholars of fiqh do not stipulate the condition of "Muslim" on the testator and the person receiving the will, some of them still prohibit and invalidate the will of a Muslim to non-Muslims in the categories of harbi, musta'min, and apostate. The provisions of the Compilation of Islamic Law (KHI) also do not stipulate the requirement of "Muslim" for the testator and the person receiving the will. Islamic jurisprudence determines that the will of a Muslim to a non-Muslim is permissible and valid in some aspects and not permissible and invalid in some aspects. It is permissible and valid for a Muslim to make a will to a non-Muslim under the category of Dzimmi. It is permissible and valid for a Muslim to make a will to a harbi non-Muslim according to the Shafi'i and Hambali madhhabs; it is not permissible and invalid according to the Maliki and Hanafi madhhabs. It is permissible and valid for a Muslim to make a will to a non-Muslim in the category of musta'min according to the Maliki, Shafi'i and Hambali madhhabs, and according to the most correct opinion in the Hanafi madhhab. The will of a Muslim to a non-Muslim in the category of apostate is permitted and valid according to the Shafi'i and Hambali madhhabs, while the Hanafi madhhab prohibits it and considers it invalid. Meanwhile, the provision of wills in KHI allows and considers valid the will of Muslims to non-Muslims absolutely, because KHI does not limit it with certain limitations such as non-Muslim categories dzimmi, harbi, musta'min, and apostate, as stipulated in Islamic fiqh. Therefore, from the perspective of Islamic fiqh and the provisions contained in the Compilation of Islamic Law, Muslim wills to non-Muslims are both permissible and considered valid. This is because both do not require "Muslim" for the testator and the person receiving the will. However, Islamic fiqh does not allow it absolutely, while KHI allows it absolutely.
The Concept of Ṣulḥ and Mediation in Marriage Conflict Resolution in Religious Courts: A Comparative Study between Contemporary Indonesian Family Law and Classical Islamic Law Bani Syarif Maula
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i1.7777

Abstract

Mediation as a dispute resolution process outside the courtroom has been used by the Religious Courts. Its juridical basis is based on Indonesian Supreme Court Regulations Number 2 of 2003 and Number 1 of 2008 concerning Mediation Procedures in Courts. Meanwhile, in the classical Islamic legal tradition, marital conflicts are resolved by a third party outside the courtroom which is referred to as ṣulḥ, namely efforts to reconcile through a process of taḥkīm or arbitration. Based on this, this study answers the question whether the Religious Courts in Indonesia fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This study concludes that the Religious Courts in Indonesia do not fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This is because the concept of ṣulḥ in Islamic law uses the taḥkīm (ḥakam) mechanism. The concept of ḥakam originating from the classical Islamic legal tradition and mediation originating from the contemporary national legal tradition actually both have substantial differences in terms of concept and implementation in the Religious Courts. The difference in concept is due to differences in sources, authorities, and procedures. However, there are similarities between the two, which lie in the involvement of someone who plays a role in resolving disputes and conflicts in court.

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