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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 46 Documents
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Legal Challenges and Enforcement Strategies: Bawaslu's Role in Addressing Election Violations in Indonesia's 2024 Simultaneous Elections Nikmah, Faridhatun
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (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.v3i2.12588

Abstract

Elections are a very important momentum for the community. This is because the community has the opportunity to determine the future leaders of the Indonesian nation in the next five years. Therefore, in making the election a success is not only the responsibility of Bawaslu as a supervisory institution, but also the obligation of all Indonesian people. The implementation of the 2024 election has many challenges in making the election a success, so it is necessary to have a role for Bawaslu in enforcing the law. The purpose of this study is to describe the challenges carried out by Bawaslu in enforcing violations of the law in Indonesia. The method of this research is qualitative descriptive. The results of this study show that there are four challenges for Bawaslu in the 2024 elections, including identity politics, money politics, neutralization of ASN, TNI, and Polri in election campaigns, and the spread of hoax news. In this case, it shows that Bawaslu plays an important role in law enforcement of simultaneous election violations in 2024. With the role played by Bawaslu in law enforcement, it can create a democratic and just country for the community.
Islam Syariat: Reproduksi Salafiyah Ideologis di Indonesia Zain, Muhammad Fuad; Basit, Abdul
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (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.v3i2.12589

Abstract

Haedar Nashir's book on Islam Syariat: Reproduksi Salafiyah Ideologis di Indonesia is a fairly thick research comprising 604 pages. This book analyzes the Islamic movement that fights to implement Islamic Sharia in the context of state institutions carried out by MMI, HTI, and KPPSI. In this book, researchers combine literature and field research with emic data. The ideological thread of the Sharia Islamic Movement (Formalist) is a documentation of the "creed of Islamic solutions" integrated with Islamism/ Kaffah Islam. The culmination of formalization was the appearance of the seven magic sentences of the Jakarta Charter at the 2000 MPR-RI Meeting. At the same time, the largest mass organizations in Indonesia, represented by Muhammadiyah and Nahdlatul Ulama, were outside the movement, even refusing or not supporting the fight for the Jakarta Charter. In an academic context, the revitalization of fundamentalist, literal, and scriptural Islam contains harmful elements in the context of statehood and the plurality of the nation. Furthermore, the ideological conflict of Islam in Indonesia must be understood that Indonesia is not Islam in the face of the West or Arabization but must present Moderate Islam, which offers an alternative path, so that it does not give rise to a new flow of conversion to Islam to other religions which are seen as providing more comfort in religion, rather than being in Islam which is formalist and has an ideological face.
Judicial Interpretation of the Inclusion of Standard Clauses in Murabahah Contracts Reviewed from the Principle of Proportionality and Islamic Law Rezaldy; Nasir, Rifqi Ridlwan; Kusnadi, Egi Hadi
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (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.v3i2.12595

Abstract

Agreements are an important aspect of law relating to business. An agreement basically must fulfill several conditions for the validity of the agreement, as well as paying attention to the legal principles of the agreement. In practice in banking, including Sharia banking, generally agreements or contracts are made using standard clauses. The aim of this research is to find out Juridical interpretation of the inclusion of standard clauses in murabahah contracts in Islamic banks in terms of proportional principles and Islamic law. This research is normative legal research using statutory approaches, legal principles and Islamic law. The results of this research show that the juridical interpretation of the inclusion of standard clauses in murabahah contracts contains elements of a combination of positive law and Islamic law. The inclusion of standard clauses in a murabahah contract must be interpreted contextually, both in terms of the object being traded or the subject matter of the parties involved in the contract.
Sociological Analysis of Islamic Law on The Implementation of the Jo Kawin Bocah Program in Reducing Early Marriage Rates (Case Study on the PKK Team of Temanggung Regency) Rahmadani, Luqiya Suci; Ibrahim, Malik; Muhammad, Hanifah Salma
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (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.v3i2.12596

Abstract

The "Jo Kawin Bocah" program aims to prevent early marriages in Central Java, particularly in Temanggung Regency, where 414 cases were recorded in 2022. Implemented by the PKK Movement Team, the program focuses on educating communities to reduce early marriage rates. This research analyzes its implementation in Temanggung Regency in 2023 using a sociological approach to Islamic law and descriptive analysis. The findings reveal two main points. First, the PKK Movement Team enhances the program through collaboration with the government, communities, institutions like GenRe (Planned Generation), and mass media for effective dissemination. Second, based on Atho' Mudzhar's sociological theory of Islamic law, factors such as religious practices, social structures, interactions, and support from community organizations significantly influence the program's outcomes. By fostering awareness and community involvement, the program has successfully shifted perceptions and reduced early marriage practices in Temanggung, demonstrating its potential as a model for other regions.
Ulama's Role in Addressing Public Health Needs: The Case for or Against Breast Milk Banks? Misbachussurur; Khashogi, ‪Luqman Rico
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (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.v3i2.12598

Abstract

This research aims to analyze the legal and ethical implications of establishing breast milk banks (Bank ASI) in Indonesia, focusing on the differing opinions of contemporary Islamic scholars (ulama) regarding their permissibility. With the potential for a shift from donation-based systems to a commercial model, it is crucial to understand the moral and legal ramifications that may arise within the Muslim community. This study seeks to provide insights into how these banks can operate without conflicting with Islamic principles, thereby contributing to public discourse on this pressing issue. The research employs a qualitative approach, utilizing a literature review and comparative analysis of the views held by two prominent ulama: Hasbi ash-Shiddieqy, who supports the establishment of breast milk banks, and Umar Hubeis, who opposes them. Both scholars share a common educational background under Sheikh Ahmad Surkati, yet they arrive at divergent conclusions regarding the operational framework of breast milk banks. The study examines their arguments in detail, particularly focusing on the implications of milk mixing and its effects on familial relationships (radha'ah) as outlined in Islamic jurisprudence. In conclusion, this research highlights the complexities surrounding the establishment of breast milk banks in Indonesia from an Islamic legal perspective. The contrasting views of ash-Shiddieqy and Hubeis illustrate the ongoing debate within the scholarly community about how modern practices intersect with traditional Islamic values. By fostering dialogue among scholars and practitioners, this study contributes to a deeper understanding of how breast milk banks can be integrated into Muslim societies while respecting ethical and religious considerations.
Implikasi PPAT sebagai Pejabat Umum dalam Kasus Sertifikat Ganda pada Pengumpulan Data Sporadik Mubarok, Muhammad Irham Husni; Nurlaela, Indah
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
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.v4i1.12619

Abstract

Duplicate land certificates are a recurring issue in land management in Indonesia and have the potential to trigger serious agrarian conflicts. The Land Deed Making Official (PPAT) plays a critical role in data collection and certificate verification, particularly in the process of drafting deeds for sale and purchase, grants, or other transfers of land rights. However, in several cases, negligence or lack of due diligence by the PPAT during sporadic data collection has led to the issuance of duplicate land certificates. This article examines the legal implications, responsibilities, and preventive measures that must be undertaken by PPATs in addressing duplicate certificate cases, especially those arising from sporadic data collection. Research findings indicate that the primary cause of duplicate certificates is inaccurate data during the sporadic data collection process, compounded by weak oversight and verification by the PPAT. A PPAT may be held legally accountable if proven negligent in the execution of their duties. The legal consequences for a PPAT may include administrative sanctions, liability for damages, and, in certain cases, criminal penalties. Therefore, improving the accuracy and transparency of data collection, along with strict law enforcement, is essential to prevent the recurrence of duplicate land certificate cases in the future.
The Dynamics of Family Life in Polygamous Practices: An Islamic Legal Perspective on Contemporary Indonesian Society Akbar, Hikmal; Syauqi, M. Nabil
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
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.v4i1.13022

Abstract

In a Muslim-majority country such as Indonesia, polygamy is governed by stringent legal frameworks that mandate obtaining court permission and providing evidence of equitable treatment toward all wives. This article examines the dynamics of polygamous household life in contemporary Indonesian Muslim society through the lens of Islamic law. While polygamy is legally and religiously permitted in Islam under conditions emphasizing justice and responsibility, its implementation often diverges from these ethical standards. Drawing on Qur’anic principles, Indonesian legal frameworks, and lived experiences, this study explores the challenges posed by unequal treatment, emotional and psychological impacts, and social stigma. Reformist Muslim scholars and women’s rights advocates have increasingly called for a reinterpretation of polygamy grounded in maqāṣid al-sharīʿa (the higher objectives of Islamic law), promoting justice, dignity, and gender equity. The article argues that ethical reconsideration through ijtihād is essential to align legal practice with the moral values of Islam in a modern context. Ultimately, the study highlights the need for a more humane, contextualized, and justice-oriented approach to Islamic family law in addressing polygamy today.
Constitutional Analysis of Religious Moderation Policy in Serbia: Between Legal Precepts and Social Norms Nuroniyah, Wardah; Krajišnik, Vesna; Prastiwi, Navira Shandra
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
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.v4i1.13572

Abstract

This study examines the alignment between Serbia’s religious moderation policies and its constitutional guarantees of religious freedom, secularism, and non-discrimination. While Serbia’s 2006 Constitution enshrines these principles, the practical application of religious policies reveals discrepancies shaped by social norms and dominant religious narratives. The preferential treatment of "traditional" religious communities, especially the Serbian Orthodox Church, reflects a persistent intertwining of national identity with Orthodox Christianity. Through legal analysis and case studies, the study illustrates how cultural and institutional biases can undermine formal constitutional protections. It also explores the role of public perception, media discourse, and policy implementation in reinforcing religious hierarchies. Ultimately, the study argues that Serbia’s religious moderation remains only partially consistent with constitutional ideals, as prevailing sociocultural dynamics continue to influence both interpretation and enforcement. A more inclusive approach requires bridging legal norms with democratic values of pluralism and equal treatment for all religious communities.
The Impact of the Family Values Crisis on Children’s Right to Education: An Islamic Legal Principles Perspective in Addressing the Challenges of the Modern Era Muhammad, Syafik; Laili, Fi’liatul; Ashlakha, Hilma Nur; Meidina, Ahmad Rezy
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
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.v4i1.13600

Abstract

The crisis of values within the family has become one of the primary challenges in fulfilling children's educational rights, particularly in shaping the character of early childhood in the midst of modernization, globalization, and technological advancement. This article aims to analyze the impact of the family values crisis on children's right to education and to examine the solutions offered by Islamic legal principles in addressing this phenomenon. This study employs a library research method, drawing on various sources such as books and relevant journal articles. The findings reveal that the family values crisis significantly affects the fulfillment of children's educational rights, especially in terms of moral and spiritual development. Islamic legal principles (fiqh al-munakahat) provide comprehensive guidance for building a strong family structure through the concepts of parental responsibility, moral education, and value-based upbringing grounded in Qur’anic teachings. This article recommends strengthening the role of the family as the primary center of education, underpinned by robust Islamic legal principles, as a solution to the challenges posed by the modern era.
Fiqh Siyasah in Indonesia’s Post-colonial Era: Between Classical Doctrines and Contemporary Practices Maula, Bani Syarif
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
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.v4i1.13610

Abstract

This study examines contemporary understandings of Fiqh Siyasah—a branch of Islamic legal thought concerned with governance and political relations—within Islamist movements in post-Reformasi Indonesia. Fiqh Siyasah contains foundational principles that govern the relationship between the state and its citizens, as well as between Muslims and non-Muslims. Despite its significance, Fiqh Siyasah has seen limited application in the modern era, particularly after the imposition of Western legal systems during the colonial period. The research explores how post-colonial Islamist groups interpret legal provisions within Fiqh Siyasah, with a specific focus on doctrines related to war (harb) and peace (sulh). This focus is especially relevant given recurring societal tensions triggered by demands for the implementation of Sharia law by certain Islamic groups. Utilizing a qualitative methodology and a process tracing approach, the study finds that Muslim interpretations of Qur’anic verses pertaining to conflict and relations with non-Muslims are diverse and often context-dependent. While many Islamist groups share a common ideological aim of establishing Sharia law, their strategies and theological positions vary significantly. Not all are radical in orientation, and not all radical organizations adhere to the doctrine of dividing the world into dār al-Islām (abode of Islam) and dār al-harb (abode of war). These findings highlight the complexity and internal plurality of contemporary Islamic political thought in Indonesia.

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