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Muhammad Fuad Zain
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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 2 (2023)" : 6 Documents clear
Review of Islamic Law and Positive Law: Regarding the Obligation to Comply with the Marriage Law Hilmi, Ismi Lathifatul; Agustar, Armi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (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.v2i2.7786

Abstract

This paper aims to examine the views of positive law and Islamic law on the obligation to comply with the Marriage Law. As it is known that Indonesia is a country that adheres to two laws, namely Islamic law and Positive law, then in taking a view of a provision must take into account these two aspects. This research will look at the need to obey the law under Islamic law and the positive, relevance of ijma’ to such obligations. This paper uses a normative legal approach that results in the obligation to comply with laws and regulations has been regulated in positive law, especially Article 27 paragraph (1) of the 1945 Constitution, and is also regulated in the Qur'an QS. An- Nisa verses 59 and 83, which are law-abiding as well as obeying ulil amri because state laws are formed by ulil amri and are the solution of the problems of the people using the approach of the text of revelation and publication, then it is ijma’ which is in accordance with the concept of ushul and the decision must be obeyed.
Normative Juridical Analysis of the Decision South Jakarta District Court No. 508/pdt.p/2022/pn jkt.Sel About Interfaith Marriage Mubarok, Andika
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (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.v2i2.9335

Abstract

Indonesia is a country with various religions that makes influence factors of pluralism. There are many diverse and recognized religions in Indonesia, so this has led to many different religious marriages being proposed in Indonesia. This article is about to discuss the normative juridical analysis of the South Jakarta District Court decision No. 508/Pdt.P/2022/PN JKT. The cell under review also uses an approach to Islamic law and positive law. The writing of this article uses a library research approach by examining journals, theses and other theses related to interfaith marriage. As for the results of this study, according to Islamic law (Al-Qur’an and Madhzab Ulama) interfaith marriage is permitted on condition that the woman is not a polytheist and is a woman of the Bible. According to Positive Law (KHI Article 40 & Article 44 and Law No. 1 of 1974 concerning Marriage Article 2 paragraph 1) it is explained that interfaith marriage is illegal and cannot be carried out by both Muslim men and non-Muslim women. Then according to the MUI Fatwa Number 4/MUNAS VII/MUI/8/2005 the law is haram with the consideration that interfaith marriages cause more mafsada than benefits
Marital Rape in Indonesia in Maqashid Shari’ah Perspective Mutasir, Mutasir; Busyro, Wahyi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (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.v2i2.9340

Abstract

This article contains the concept of marital rape in Indonesian law, both positive law and Islamic law which is reviewed through maqashid shari’ah. Marital rape is included in the category of domestic violence that can happen to anyone. The type of research that will be used in this legal research is normative legal research. This research is a perspective legal research, which does not require hypotheses that must be proven, but provides perspective on what should be done. Analysis of the marital rape problem is carried out using the maqashid shari’ah approach where the applicable regulations regarding marital rape guarantee 5 main principles in Islam, namely maintaining religion, soul, reason, offspring and property maintained. The results of this study resulted in an understanding from the Qur’anic point of view regarding mu’asyarah bi al-ma’ruf and the maqashid shari’ah view on marital rape. So marital rape for any reason is strictly prohibited because it can damage the 5 main principles in Islam, namely maintaining religion, soul, reason, offspring and property and the law in force in Indonesia still does not provide special protection to victims. Although there is a hadith that shows that wives should not reject their husbands and can be categorized into nushuz, husbands are also required to come to their wives in a ma’ruf way and understand the wife’s condition so that there is no coercion that will hurt both physically and psychologically.
The Dynamics of Polygamy and Divorce in Muslim Countries Madina, Dinda Difia; Meidina, Ahmad Rezy; Zein, Anwar
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (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.v2i2.9410

Abstract

This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of society from all walks of life regarding the discussions between the two. This research is a literature study that focuses on discussing polygamy and divorce in three Muslim countries; Türkiye, Pakistan, and Indonesia. The data collection method in this study used documentation, namely collecting books, notes, and others that had relevance to the research, which were then analyzed. The results of this study are; (1) Turkey prohibits polygamy, which is contained in the book of the Ottoman Law of Family Rights, Pakistan also prohibits polygamy until written permission from the wife and the arbitral council, Indonesia legalizes polygamy referring to the Marriage Law. (2) Turkey in the event that a divorce ends with the finalization of a court decision and a waiting period of 300 days stipulated by the Turkish Civil Code, likewise Pakistan regulates divorce in two different rules, one using the Dissolution of Muslim Marriage and the other using Muslim Family Law Ordinance, divorce in Indonesia is regulated in Marriage Law Number 1 of 1974.
Legal Protection for Victims of Sexual Violence in Indonesia in the Perspectives of Victimology and Fiqh Jinayah Ariyanti, Vivi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (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.v2i2.9411

Abstract

Sexual violence is a global problem that violates human rights and fundamental freedoms. This paper examines the laws and regulations that guarantee the protection of victims according to Indonesian laws and Islamic law. Regarding Indonesian laws, besides the basic rules in the form of the Act on the Crime of Sexual Violence, there are also ministerial regulations (Regulation of the Minister of Education and Culture, and Regulation of the Minister of Religion) that protect and guarantee the safety of everyone from sexual violence offences. This is the concern of higher education institutions, that they are on the right track to address the issue of sexual violence with more passion and precision. The issues of sexual violence have received greater attention in universities, so that intensive prevention and response efforts are very important, with the aim of combating sexual violence in universities, navigating the application of laws and regulations relating to sexual violence, and more broadly, fostering a culture of respect, inclusion and courtesy towards others. These national laws are in line with the Islamic precepts regarding protection of citizens in the maqasid al-shariah concept, in which sexual violence offences can fall into all three categories of jarimah: qisas, hudud, and ta'zir, depending on the type of crimes committed.
The Provision of Dowry in Iranian Civil Law according to Imamiyah School Hidayah, Okti Nur Hidayah
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (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.v2i2.9475

Abstract

In Iranian wedding tradition, the dowry (mahr) is not paid upfront as done in Arab culture, and there is no set deadline for its payment. The regulations regarding dowry in Iran are outlined in the Civil Code of the Islamic Republic of Iran, which states that anything that can be considered property, owned, and controlled can be designated as dowry. In the subsequent article, it is explained that dowry can be entirely or partially deferred. This article aims to elucidate the concept of deferred dowry (mahar dihutang) in Iranian civil law from the perspective of the Imamiyah School of Thought, which is the predominant school of thought in Iran. This study is conducted through a literature review with a normative approach. The research findings reveal that items eligible to be considered as dowry are those with an associated market value, in alignment with the principles of the Imamiyah school. Deferred dowry is permitted within the Imamiyah school, but when the husband is incapable of paying the dowry, the wife is allowed to make a decision to abstain from conjugal relations with him. This, however, cannot be used as a reason for divorce. In Iran, there exists a phenomenon known as "mahar prisoner" for husbands who fail to pay the dowry in full after marriage.

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