Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Al-Aqwal : Jurnal Kajian Hukum Islam

alaqwal
Website

Published by Institut Agama Islam Negeri Fattahul Muluk Papua

ISSN : - EISSN : 28299736 DOI : https://doi.org/10.53491/alaqwal

Core Subject : Religion, Economy, Humanities, Social,

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Al-Aqwal : Jurnal Kajian Hukum Islam merupakan jurnal akademis yang berfokus pada kajian ilmu hukum Islam yang diterbitkan oleh Fakultas Syariah yang berfokus pada pemikiran hukum Islam, Kajian literatur, sertata gagasan konseptual yang berkaitan dengan : Hukum Keluarga Islam; Hukum ekonomi Syariah; Hukum Pidana Islam; Hukum Konstitusi Islam; Hukum Zakat dan Wakaf dan Hukum Islam Kontemporer.

Arjuna Subject : Seni dan Humaniora - Studi Agama

Articles 32 Documents

1 2 3 4

Tinjauan Maqāșid Al-Sharī’ah Terhadap Dispensasi Nikah Lauhul Mahfudz
ISTIDLAL Vol 1 No 1 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

The age limit for marriage contained in the Marriage Law Number 1 of 1974 which is also mentioned in the Compilation of Islamic Law is the result of ijtihad, although in classical literature it is not found. The age limit itself is an attempt to avoid damage. On the other hand, the law provides leeway for prospective brides who are still under the age limit to request dispensation through the Religious Courts. In this regard, of course, judges are required to decide wisely without violating the Shari'a. This research is focused on Maqāșid al-Sharī'ah's review of marriage dispensation. With the emphasis of this study, this study uses the Maqāșid al-Sharī'ah approach. Meanwhile, according to the emphasis of the study, this research is classified as a normative rule research. Meanwhile, if observed according to the data collection operations studied, it is included in the category of library research (library study). Considering that this research belongs to the category of normative rule research in the form of library research, the research framework is classified as qualitative using a flow of thought and an inductive-deductive work pattern. The results of the study indicate that the dispensation in its implementation is divided into three, first; prospective partner who is not old enough and has never had sex, second; the potential partner is under the legal age, has had sex, but is not pregnant. both according to the perspective of Maqāșid al-Sharī'ah are not allowed to give permission for dispensation, and the third, namely the prospective partner who has not reached the age, has had sex and is pregnant, according to the perspective of Maqāșid al-Sharī'ah it is better to give permission for kawi dispensation.

Inconsistency Norm Peraturan Perkawinan Beda Agama (Studi Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan Dan Undang-Undang No. 23 Tahun 2006 Tentang Administrasi Kependudukan): Inconsistency Norm In Interfaith Regulation (Study On Law No. 1 Of 1974 Concerning Marriage and Law No. 23 Of 2006 Concerning Population Administration) Dwi Ratna Cinthya Dewi
ISTIDLAL Vol 1 No 1 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

The rules of marriage of different religions that have not been clearly and clearly defined in Law no. 1 Of 1974 concerning marriage. But article 35 letter a in Law no. 23 of 2006 concerning Population Administration provides an opportunity for marriage of different religions. Inkonsistensi this resulted in a conflict of norms. Therefore Lawrence M. Freidman's view is used as an analysis of the legal system in Indonesia. Research conducted to analyze inconsistencies between Law no. 1 of 1974 concerning Marriage with Law no. 23 of 2006 concerning Population Administration and Implications of inconsistencies concerning the regulation of marriage of different religions from legal system theory perspective Lawrence M. Freidman. This research is normative law, using the legislation approach and conceptual approach. Consist of primary law: Law no. 1 Of 1974 Concerning Marriage, Law no. 23 of 2006 Concerning Population Administration, legal system theory Lawrence M. Freidman. Legal material is obtained through documentation method. Then the legal material is analyzed by using qualitative descriptive analysis with related legal system as the theory. Result of research 1. The inconsistence of law due to the mismatch of legislation and the unregulation of marriage regulations of different religions clearly lead to legal uncertainty 2. The implication of inconsistency of marriage rules of different religions according to Lawrence M. Freidman's theory, has not yet achieved the good legal system in Indonesia.

Tinjauan Hukum Waris Islam Dalam Penundaan Pembagian Harta Warisan: (Studi Kasus di Kelurahan Koya Timur, Distrik Muara Tami, Kota Jayapura) Bambang Edi Tilarsono; Husnul Yaqin; Amri Amri
ISTIDLAL Vol 1 No 1 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

The provisions regarding inheritance in Islam are one of the provisions that have been described clearly and in detail, even Allah SWT ordered them to immediately implement them. This research aims to find out aspects of the trigger for inheritance not being distributed immediately and the views of Islamic law regarding the behavior of the East Koya people who do not immediately give inheritance to those who are entitled to receive it. This field research is sociological research of Islamic law. Information was collected using interview, observation, and documentation methods. After the information is collected, it is analyzed using data collection methods, data reduction, data presentation and conclusions, and analyzed using Islamic Law analysis. The results of this research are: First, the factors that delay the distribution of inheritance are: (a) the lack of deliberation between the heirs, (b) one of the parents is still alive, (c) the child is considered unable to carry out the inheritance, (d) the inheritance managed together, and (e) the lack of knowledge about the jurisprudence of the Mawaris. Second, the law delaying the distribution of inheritance by the Koya Timur community after fulfilling the rights of the deceased is unlawful or not justified by Islamic Shari'ah. This is because the instructions are clear both in the Qur'an and the Hadith of the Prophet SAW and in Article 175 of the Compilation of Islamic Law to immediately give inheritance to anyone who is entitled to receive it. In the rules of ushul fiqh it is also explained that the origin of the command is obligatory, so when someone does not carry out the obligatory command, it will be a sin.

Tinjauan Hukum Ekonomi Syariah Terhadap Pembiayaan Qarḍ Dengan Akad Mudārabah Di BMT NU Kalitidu Kabupaten Bojonegoro: The Sharia Economic Law Review Of The Practice Of Qarḍ Financing With A Mudārabah Contract At BMT NU Kalitidu Bojonegoro Regency Hasbi Ash Shiddiqi; Siti Muslimah
ISTIDLAL Vol 1 No 1 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

There are several customers who apply for financing at BMT NU Kalitidu for reasons of meeting their consumptive needs and paying debts, actually the contract that must be used is a qarḍ contract, but because there is no qarḍ product at BMT NU Kalitidu, a mudārabah contract was chosen, which facilitates the collaboration process because they are accustomed to using Mudārabah financing in entering into an agreement. Two things that become problems are first, How is the practice of qarḍ financing with a mudārabah contract at BMT NU Kalitidu, and How is the Sharia Economic Law Review of the practice of qarḍ financing with a mudārabah contract at BMT NU Kalitidu. This research is a field research with the place of research at BMT NU Kalitidu. The data sources include primary data, namely observations and interviews, while secondary data is obtained from reference data sources such as books, journals, articles and others. The method of collecting data in this research is from observation, interviews, and documentation, while the method used to analyze the data is a qualitative. The results of the study are: First, qarḍ financing does not exist in BMT NU Kalitidu, then the need for funds for a consumptive item in BMT NU Kalitidu is the same as mudārabah financing. The provision of funds for consumptive needs with a mudārabah contract is inappropriate (not allowed) because the use of a mudārabah contract must be accompanied by work carried out by the customer with funds from BMT NU Kalitidu.

Peran Pengadilan Agama Sentani Dalam Menangani Kasus Perceraian Pada Masa Pandemi Covid-19 Yulia Sulistiyo Rini; Moh Wahib; Laili Shofiya Kurniawati
ISTIDLAL Vol 1 No 1 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

The Covid-19 pandemic that is prone to household problems to divorce. The reality is that divorce has an impact on the Sentani Religious Court. Therefore, the researchers raised and answered the problem related to the factors causing divorce and the procedure for handling divorce cases at the Sentani Religious Court during the pandemic, as well the role of the Sentani Religious Court in handling divorce cases during the Covid-19 pandemic. This research uses qualitative methods with this type of field research and a normative juridical approach. Research location in the Sentani Religious Court, with data sourced from primary and secondary data. Researcher processing data by collecting, checking, and compiling data. Next, the researcher analyzes by summarizing and presenting the data in the form of a narrative to conclude. Test the validity of the data by triangulating and use reference materials.The results of this study were the factors causing divorce at the Sentani Religious Court during the Covid-19 pandemic, namely the Covid-19 pandemic that affected the family economy, one party left the house for no reason, the husband gambled and got drunk, domestic violence, and infidelity. The procedures for handling divorce cases during the Covid-19 pandemic are the usual litigation procedures from registration, trial to decisions with health protocols, and electronic litigation procedures (e-Court) from online case registration (e-Filing), online down payments (e-Payment), online summons of parties (e-Summons), and online trial (e-Litigation). The role of Sentani Religious Court in handling divorce during the Covid-19 pandemic is the application of health protocols in the Court environment, the use of electronic litigation applications (e-Court) where there was a lack of understanding of the parties regarding the technology and the occurrence of zero cases in May and December 2020.

Keluarga Sakinah dalam Pandangan K.H. Hasyim Asy'ari (1871-1947 M) dan Relevansinya dengan Hukum Keluarga Islam di Indonesia: The Sakinah Family In The View of K.H. Hasyim Asy'ari (1871-1947 AD) And Its Relevance To Islamic Family Law In Indonesia Muhammad Aziz; Abdul Aziz Harahap
ISTIDLAL Vol 1 No 2 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

This study aims to describe indicators of the formation of a sakinah family according to K.H. Hasyim Asy'ari and its relevance to the Compilation of Islamic Law (KHI). This qualitative research in the form of literature study uses philosophical normative. The main data source, namely the book Dhau' al-Mishbah fi Bayani Ahkam an-Nikah by K.H. Hasyim Asy'ari. Several articles in the KHI as the theory of analysis of this research. The results of the study show that there is a relevance between indicators for the formation of a sakinah family according to K.H. Hasyim Asy'ari with the construction of legal provisions in the Kompilasi Huukum Islam (KHI). First, the indicators of complying with the legal principles, requirements, and pillars of marriage that are relevant to KHI articles 4, 16, 20, and 27. It's just that the view of K.H. Hasyim in this first indicator tends to be textual. In contrast to KHI which is more contextual. Second, the recommendation indicator in choosing a life partner that is relevant to KHI Articles Articles 15, 16, 17, and 61. In this case, the criteria for the recommendation to choose a partner by K.H. Hasyim is more detailed covering various aspects, including religion, physical, lineage, economy, psychological and social status. Third, the indicator understands the principles of the purpose and benefits of marriage that are relevant to Articles 2 and 3. Third, the indicator is to build a good partnership in carrying out the rights and obligations of husband and wife that are relevant to the KHI Article 80. However, regarding the duties or obligations of the wife, K.H. Hasyim is more detailed than KHI. The theoretical implications of this research show indicators of the formation of a sakinah family in the view of K.H. Hasyim Asy'ari has relevance as well as can be the basis for formulas in the development and renewal of Islamic marriage law in Indonesia. The limitation of this research is that it has not studied in depth the heurmenetic aspects of the construction of the views of K.H. Hasyim is related to four indicators of the formation of a sakinah family.

Moralitas Religius Sebagai Kerangka Dasar Membentuk Rumah Tangga Sakinah: Religious Morality as The Basic Framework for The Sakinah Household ST Sariroh; Mohammad Ali
ISTIDLAL Vol 1 No 2 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Problems in marriage is one of the problems that most of them are caused by a shallow understanding of religious principles, religious morals about marriage. So it is necessary to have someone who is a role model for all things, especially in the moral and religious aspects, including advice that can dissolve problems, disputes, slander in marriage. Nowadays people are more concerned with worldly values than religious values in carrying out the wheels of household life. Not a few of their households were destroyed because of the crisis of moral and religious values in themselves, so that the desire to form a happy, blessed and peaceful household ran aground in the middle of the road. This paper aims to explain how these household problems can be overcome by the presence of figures/kyai as role models who are obeyed. This research is a type of qualitative research using an empirical approach. As a result of this study, it is stated that through Kyai/characters that couples can imitate consists of 3 main things, First, the clarification approach has the aim of understanding the problems and conditions of couples who need a way out, and also invites couples to realize the wisdom in every problem. Second, how a person can be imitated in both his actions and words in life. Third, the internalization of religious morals which starts from advising, awakening and strengthening the religious knowledge of the couples then being asked to enter a room for each individual couple (husband and wife) so that they can reflect on all things related to their lives, then take them to the right path.

OMBUDSMAN DALAM PERSPEKTIF FIQH SIYASAH: OMBUDSMAN IN FIQH SIYASAH PERSPECTIVE Ahmad Juninanto; Moch Nurcholis Majid
ISTIDLAL Vol 1 No 2 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

This article contains the Islamic system of government, judicial power (Al-Qada), divided into three regions: Willayat al-Mazalim, Willayat al-Mazalim, and Willayat al-Hisba. Wilayat al-Mazalim is a power in the field of justice which is higher than the power of judges from the power of Muhtasib. This body examines matters that are not within the jurisdiction of ordinary judges. The agency investigates cases of abuse carried out by rulers, judges, or children of powerful people. In this study, the role of institutional control is very important in the study of Siyasah Fiqh. Without supervision, the government will not function. In this regard it has also been shown that the meaning of custodian of the state is found in the Qur'an to refer to a "group of people" who perform the supervisory function, namely al-amr bi al-ma`rufwaal. -nah'yanal-munkar. Hisbah is a contrived task performed by rulers and thus custodians of fiqh. Wilayat al-Hisbah is responsible for safeguarding the truth and preventing evil.

KAJIAN YURIDIS KEJAHATAN PENCERNARAN NAMA BAIK MENURUT HUKUM POSITIF DAN HUKUM ISLAM: JURIDICAL STUDY OF THE CRIME DAMAGE ACCORDING TO POSITIVE LAW AND ISLAMIC LAW Rinda Rinda; Krisna Angga
ISTIDLAL Vol 1 No 2 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

The rapid development of science and technology also has an impact on the development of crime, one of which is the crime of defamation. Defamation is a crime that has its own characteristics that cannot be equated with crimes in general, because it is a special crime that needs to be regulated in a legal system. In positive law this act is regulated in Artides 310-321 of the Criminal Code and also Artide 27 paragraph (3) in conjunction with Artide 45 of the ITE Law. Then in Islamic law this act is induded in jarimah hudud. Normative legal research is legal research used in this research, which is prescriptive in nature by using sources of legal materials, booh primary legal materials and secondary legal materials. The approach used is comparative. The results of the study are that both Positive Law and Islamic Law explicitly regulate acts of defamation, these two legal systems have the same characteristics in determining the qualifications of defamation offenses and criminal liability, the only difference relates to the type of punishment given to the two perpetrators of defamation.

Peran Bimbingan Orang Tua Dalam Meningkatkan Pengetahuan Nilai – Nilai Muamalah pada anak – anak: The Role of Parental Guidance in Increasing Knowledge of Muamalah Values in Children Taufiq Akbar; Muhammad Ali; Anas Djumati
ISTIDLAL Vol 1 No 2 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

This study purpose to analyze the role of parental guidance in increasing knowledge of muamalah values in children in Jayawijaya Regency.Parental guidance is a provision of assistance, coaching and also encouragement both physically and psychologically from parents given to children to live life in an effort to overcome every problem faced with the aim of the child achieving his welfare. Understanding or knowledge of muamalah values in children can be interpreted as awareness and initial experience of a child in responding to various things in their environment related to muamalah values which indirectly imprint as information used by a child to live his life.This research is an explanatory research with a quantitative approach and uses 92 respondents. Processing and distribution of data in this study were analyzed using path analysis with the AMOS/Structural Equation Model (SEM) V.22 program.The results showed that the role of parental guidance can increase positively and significantly the knowledge of muamalah values in children (cr = 3.408: p = 0.046).

Page 1 of 4 | Total Record : 32

1 2 3 4

Filter by Year

2022 2025

Filter By Issues

All Issue Vol 4 No 01 (2025): AL-AQWAL : Jurnal Kajian Hukum Islam Vol 3 No 02 (2024): Al-Aqwal: Jurnal Kajian Hukum Islam Vol 3 No 01 (2024): AL-AQWAL : Jurnal Kajian Hukum Islam Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam Vol 2 No 1 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam Vol 1 No 2 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam Vol 1 No 1 (2022): AL-AQWAL : Jurnal Kajian Hukum Islam

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Zulfadli

Contact Email
zulfadlish598@gmail.com

Phone
+6285340933352

Journal Mail Official
alaqwaljurnalhukumislam@gmail.com

Editorial Address
Fakultas Syariah IAIN Fattahul Muluk Papua, Indonesia Jl. Merah Putih Buper Waena, Distrik Heram, Kota Jayapura, Provinsi Papua, 99351

Location
Kota jayapura,

P a p u a

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Zulfadli

Contact Email zulfadlish598@gmail.com

Phone +6285340933352

Journal Mail Official alaqwaljurnalhukumislam@gmail.com

Editorial Address Fakultas Syariah IAIN Fattahul Muluk Papua, Indonesia Jl. Merah Putih Buper Waena, Distrik Heram, Kota Jayapura, Provinsi Papua, 99351

Location Kota jayapura, P a p u a INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Zulfadli

Contact Email
zulfadlish598@gmail.com

Phone
+6285340933352

Journal Mail Official
alaqwaljurnalhukumislam@gmail.com

Editorial Address
Fakultas Syariah IAIN Fattahul Muluk Papua, Indonesia Jl. Merah Putih Buper Waena, Distrik Heram, Kota Jayapura, Provinsi Papua, 99351

Location
Kota jayapura,

P a p u a

INDONESIA