cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Fuad Zain
Contact Email
fuad.zain@uinsaizu.ac.id
Phone
+6285731141751
Journal Mail Official
elaqwal@uinsaizu.ac.id
Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto
Location
Kab. banyumas,
Jawa tengah
INDONESIA
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 46 Documents
 1   2   3   4   5 
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.
Marital Property in Marriages of Different Nationalities in Indonesia According to National Law and Islamic Law Maula, Bani Syarif; Zain, Muhammad Fuad; Nada, Syifaun
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
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.v3i1.10508

Abstract

Indonesian legislation stipulates that individuals from foreign countries residing in Indonesia and foreign legal entities with representatives in the country are expressly barred from possessing land. This provision poses challenges for individuals in marriages involving different nationalities, particularly when one spouse is an Indonesian citizen, as it complicates the process of acquiring ownership rights and building usage rights for a property. This research explores the legal regulations pertaining to marital property in marriages involving individuals of distinct nationalities, navigating the intersection between national law and Islamic law. Employing qualitative research methods with a normative approach, the study relies on legal materials as primary data sources. The findings of this study indicate that, in accordance with national law, assets acquired during the course of marriage are deemed joint property. Nonetheless, it is noteworthy that this provision does not extend to marital assets in the form of land and buildings for foreign spouses. Conversely, Islamic law does not explicitly delve into this matter. Nevertheless, it delineates that the resolution of joint property in marriages encompassing individuals of diverse nationalities is governed by national laws pertaining to citizenship rights. In the case of foreign citizens, the relevant statute is the Agrarian Law, which specifically governs ownership rights concerning land and buildings.
Dirasah Muqaranah ‘an Hukm al-Zawaj Bayna Rudha’a Alban Bunuk al-Laban Fi Manzhur Fuqaha al-Aqdamin wa al-Mu’ashirin Harahap, Khoirul Amru; Umar, Muhammad Toha
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
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.v3i1.10562

Abstract

The issue of Breast Milk Bank is a contemporary fiqh issue, and its ruling is not found in classical fiqh. However, classical Moslem scholars have studied the issue of radha in an unusual way known as al-major (breast milk put into the baby's mouth), al-south (breast milk put through the nose), and or putting breast milk into the baby's mouth using bottles and cups. Therefore, the fuqaha differed on the prohibition of marriage because of radha' unusually or indirectly such as radha' from a breast milk bank. After conducting a comparative analysis, the author concludes that the majority of classical scholars from the Hanafi, Maliki, Shafi'i and Hambali madhhabs, and most contemporary fiqh scholars, think that indirect radha', such as radha' from a breast milk bank, makes marriage prohibited. They reason that indirect radha' has the same effect as direct radha' regarding the growth of the baby's flesh and bones. Meanwhile, the Zhahiri school of classical jurisprudence and some contemporary jurisprudence scholars such as Yusuf al-Qardhawi think that indirect radha' such as radha' from a breast milk bank is not called radha'. According to them, radha' is only if the baby suckles directly on the mother's nipple. Hence, they think that radha' from a breast milk bank does not lead to the prohibition of marriage.
Prevention Strategies for the Crime of Adultery in the Light of Islamic Law Abdulrahman, Manswab Mahsen; Awadh, Ali Hemed; Akasi, Hasan Yusuf; Abdalla, Abdulatwif Ibrahim; Chui, Khadija
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
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.v3i1.10865

Abstract

Adultery is a serious offense which is prohibited in Islam. Adultery may cause a lot of repercussions, among them sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs). These infections are sexually transmitted through vaginal, anal, and oral. The significance of the research emerged due to a large number of deaths emanating from HIV/AIDS and other infectious diseases caused by adultery; for example, statistically, about 374 million people living with STIs and more than 1 million sexually transmitted infections (STIs) are acquired every day worldwide. A qualitative data analysis has been deployed in this study that has been gathered from a variety of sources, they include books, journal articles, reports, conference papers, and websites. The information has been analyzed through an explanatory research approach by providing scholars’ opinions and their arguments on the subject matter. Most importantly, this research has established that Islam indeed has put in place some preventive measures to reduce the risk of multi-crimes occurring and their potential harmful effects on individuals and the society at large, and more so, in reference to our study including: self-accountability, lowering the gaze (by shifting away on what is illegal to look at), meet with a non-mahram woman in privacy, shaking hands with a non-mahram woman, tabarruj (make-up grooming), command women to stay at home, wear Hijab for modesty and chastity, indulge in marriage and accept polygamy, impose penalty for adulterous disobedient, among others. In this regard, it is therefore, recommended to implement the preventive strategies set by Islam for the crime of adultery to uphold societal mortality and preserve the wellbeing of the society at a broader spectrum.
The Impact of Social Change on the Childfree in the view of Sadd al-Żarīʻah Nimah, Rodhotun; Tahir, Achmad
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
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.v3i1.10871

Abstract

Economic and ideological structural changes resulted in demographic shifts. Current economic constraints, including the demand for higher levels of education and concerns about future jobs, are driving a demographic shift towards delaying having children. In Indonesia, the public has been excited about the child-free phenomenon. Childfree is a decision made by humans, both male and female, not to have children in a life that goes on, be they biological children or adopted children. Eastern culture, social construction, and stigma have not been able to accept the concept of childfree. This research library uses an Islamic law approach (Sadd al-Żarīʻah). The type of research used is qualitative research. Using a normative approach (Sadd al-Żarīʻah) shows that having offspring is a recommendation in Islam and not necessary. Childfree is not an act that is prohibited because every couple has the right to regulate their domestic life, including having children. However, we also do not need to worry about our survival if we have many children because Allah has guaranteed the lives of his servants.
Examining Domestic Violence Under Nigerian Law and Islamic Law Abikan, Yahaya Ibrahim
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
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.v3i1.11086

Abstract

The paper examined domestic violence under Nigerian law and Islamic Law. Domestic violence involves infliction of physical, sexual, or psychological harm by one spouse on the other. To achieve the aim and objectives of this research, the meaning, nature and causes of domestic violence were briefly discussed. The paper adopted a doctrinal research method by conducting an in-depth analysis of the Violence Against Persons (Prohibition) Act, 2015, some Qur’anic provisions, prophetic traditions and juristic opinions relating to the topic. The paper critically examined and analyzed Chapter 4, verse 34 of the Holy Qur’an to find out whether or not its provision permits, condones or endorses domestic violence against women. The study found that this Qur’anic verse does not encourage, condone, endorse or permit domestic violence in whatever form. It further found that the beating mentioned in the verse is a non-violent symbolic gesture. The major findings are that Islam prohibits and condemns any form of domestic violence against women, and the principles of compassion, mercy, and respect for human dignity are central to Islamic teaching. The paper recommended collaborative efforts of the government and religious leaders to campaign against and condemn domestic violence in whatever form and all ramifications.
What an Important Implementation of the Educational Rights of Adopted Children in Indonesia from an Islamic Jurisprudence Perspective? Meidina, Ahmad Rezy; Ali, Zezen Zainul; Puspita, Mega; Ashlakha, Hilma Nur; Zahro, Anisatuz
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
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.v3i1.11125

Abstract

This research states that in Islamic law adopting a child is a good act, which helps adopted children get a proper education. Basically, implementing the above rights of children is an obligation and joint responsibility of the government and society. The phenomenon that occurs in Indonesia is that the educational rights of adopted children have shifted to utilization, due to several factors, one of which is economic. The aim of this research is to strengthen previous research, and examine further the shift in the educational rights of adopted children and look at the factors that result in non-fulfillment of adopted children’s rights in Indonesia. This research uses a normative sociological approach with the nature of the analytical descriptive research. The results of this research found several factors that resulted in shifting, even not being given the rights of adopted children.

Page 3 of 5 | Total Record : 46

 1   2   3   4   5 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue Volume 4 Issue 2 (2025) Volume 4 Issue 1 (2025) Volume 3 Issue 2 (2024) Volume 3 Issue 1 (2024) Volume 2 Issue 2 (2023) Volume 2 Issue 1 (2023) Volume 1 Issue 2 (2022) Volume 1 Issue 1 (2022)