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Al-Aqwal : Jurnal Kajian Hukum Islam
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 37 Documents
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Persepsi Harta Bersama Menurut Hukum Islam dan Hukum Positif Indonesia: The Perception of Joint Property According to Islamic Law and Positive Law in Indonesia Anri, Andi Fini Rathi
ISTIDLAL Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

This article focuses on the issue of joint property or marital property that arises as a result of marriage between men and women in Indonesia. The matter of marital property is interesting to examine, considering that the issue of joint property arises as a consequence of divorce, which is a possibility in a marriage. In fact, culturally, discussing joint property is still considered taboo in Indonesian society in general. People tend to trivialize this issue because of cultural perceptions that consider marriage as sacred, holy, noble, and eternal, making it inappropriate to discuss before the marriage takes place. However, addressing joint property before marriage can provide certainty regarding the assets involved before the marriage is consummated. This research employs a normative research type with a statutory approach and a conceptual approach. At the very least, this study offers an in-depth analysis of joint property arising in a marriage, viewed from the perspectives of Islamic law and positive law in Indonesia.
Analisis Maslahah Najmuddin al-Thufi Terhadap Menajemen Menghadapi Tekanan Pertanyaan 'Kapan Menikah': Najmuddin al-Thufi's Maslahah Analysis of Managing the Pressure of the Question 'When to Marry' Sugitanata, Arif; Intan Hidayah
ISTIDLAL Vol 3 No 01 (2024): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

This research focuses on the social and cultural dynamics related to the pressure of the question "When to get married?" which often arises in social contexts and becomes a source of psychological pressure for individuals. Using a literature study and qualitative research type and analysis based on Najmuddin al-Thufi's Maslahah theory, this research explores how to manage the pressure of the question "When to get married?". The results show that, in dealing with the question of when to get married, individuals must develop an understanding of themselves and recognise the values and goals that guide their life decisions, including in terms of marriage. It is also essential to have open dialogue and education in society to respect and understand the diverse experiences and achievements of individuals, which are not only judged by significant events such as marriage. Based on Najmuddin al-Thufi's Maslahah theory, decisions should be evaluated by considering the benefits to individuals and society. This concept underscores the importance of recognising the uniqueness of each person's journey through life and making marriage decisions based on personal readiness and desire rather than external pressures or social norms. Addressing the question of when to get married requires self-awareness and social understanding. Through education, open dialogue about different life paths, and respect for personal decisions, an inclusive and supportive society can be formed. Najmuddin al-Thufi's Maslahah theory provides a framework for processing and responding to these social dynamics with the ultimate goal of achieving individual and societal well-being.
Paradigma Fikih Qur’anik dalam Manajemen Konflik Keluarga: Qur'anic Fiqh Paradigm in Family Conflict Management Aziz, Muhammad Aziz; Abdul Aziz Harahap
ISTIDLAL Vol 3 No 01 (2024): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

Various forms of conflict in family life require serious handling through various approaches and perspectives. This research is present to describe the perspective of Quranic fiqh related to conflict management on the problems of family life. This research is a qualitative research in the form of a literature study with a content analysis approach combined with a thematic interpretation approach. Data is collected using documentation techniques, and data analysis techniques are carried out through inventory, classification, and interpretation. The results found that there are at least two legal provisions in the Qur'an that can be a paradigm in the process of resolving household conflicts, namely the preventive and curative paradigms. The preventive paradigm can be manifested through tolerance of each other's shortcomings, flexible division of roles, and strengthening of foundations. Meanwhile, the curative paradigm can be manifested through reminding and reprimanding, using mediators, negotiating, and divorce as the last resort to achieve benefits. The findings of this study show that as the main source of Islamic law (fiqh), the Qur'an contains various verse messages related to legal provisions that can be a paradigmatic basis in family conflict management.
A Review of Contemporary Islamic Legal Philosophy Towards the Orientation of Iddah Legislation: Tinjauan filsafat Hukum Islam Kontemporer Terhadap Orientasi Pensyariatan Iddah Alfiandri Setiawan; Ahmad Kamalul Fikri
ISTIDLAL Vol 3 No 01 (2024): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

The polemics over the phenomenon of people marrying and divorcing often requires a transitional period to evaluate marriage after the occurrence of adivorce The purpose of this study is to conduct a philosophical understanding of the orientation of iddah legislation. This research uses the perspective of maqasid sharia development formulated by Jaser Auda as the theory of analysis. The results of the study concluded that there are several axiological aspects of the iddah ordinance, including health protection and regeneration. This is because iddah has a positive impact on maintaining the health of women's reproductive organs. This understanding can be said as a form of value expansion of the concept of hifz nafs (protecting the soul) and hifz nasl (protecting offspring). Then, as self-introspection. This is because iddah is important to be a time of reflection for men and women in evaluating themselves, to reconcile again or separate amicably. This understanding can be said as a form of expansion of the value of the concept of hifz aql (protecting the mind). Furthermore, as a period of mourning for the death of the husband. This is because marriage is not just a contract, but also a serious agreement. This understanding can be said to be a form of value expansion from the concept of hifz al-'ird (maintaining social ethics). Next, as a protection of religious teachings. This is because carrying out iddah is an obedience to Islamic teachings. This research shows that the provision of iddah has complex axiological aspects.
Persepsi Kepala KUA Diwek Jombang Terhadap Penghapusan Batasan Usia Wali Nikah Dalam PMA Nomor 20 Tahun 2019 : Opiniom Of The Head Of KUA Diwek Jombang On The Elimination Of The Age Limit For Marriage Guardians In PMA Number 20 Of 2019 al khusni, muhammad fatih; Ubaydi Hasbillah, Ahmad
ISTIDLAL Vol 3 No 01 (2024): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

In PMA Number 11 of 2007 concerning Marriage Registration, it is explained in Article 19 that the requirement for puberty is at least 19 years of age. Meanwhile, in PMA Number 20 of 2019 concerning Marriage Registration, the requirements for marriage guardians as stated in Article 12 paragraph only include puberty without providing information about being at least 19 years old. In this case, the author is interested in researching the opinion of the Head of KUA Diwek Jombang regarding the elimination of the age limit of at least 19 years in PMA Number 20 of 2019 concerning Marriage Registration. The research method uses empirical law, which uses a normative approach and an empirical juridical approach and is analyzed using qualitative and descriptive methods. Observation, interviews and library data are data collection techniques. The results of this research state that the Head of KUA Kec. Diwek District. Jombang, agrees more with the age limit clause, that simply relying on the recognition of ihtilam (wet dreams) as a standard of puberty is not enough, because the fertility level of children today affects their growth, so they show signs of puberty more quickly such as dreams. wet. As a result, it is difficult to determine the exact age when a child experiences a wet dream. To overcome this problem, according to the Head of KUA Diwek Jombang, an age limit is needed to provide legal certainty regarding a child's legal ability to act. Head of District KUA. Diwek District. Jombang is more likely to disagree with the removal of the age limit for puberty, namely 19 years, as a requirement for marriage guardians, even though its implementation follows PMA No. 20 of 2019 concerning marriage registration, because there are inconsistencies in the concept of maturity between PMA No. 20 of 2019 which does not provide a clause limiting the age of puberty along with other regulations.
Menyoal Validitas Sadd Al-Dharai‘ sebagai Dalil Hukum Islam: Polemik Epistemologis Ushuliyyin: Questioning the Validity of Sadd Al-Dharai' as an Islamic Legal Argument: Ushuliyyin Epistemological Polemics Sansan Ziaul Haq
ISTIDLAL Vol 3 No 02 (2024): Al-Aqwal: Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v3i02.1035

Abstract

This paper will discuss the discourse of sadd al-dharai‘  as an evidence of Islamic law along with various epistemological perspectives that underlie the differences of opinion regarding its jurisprudential position. Using the content analysis method and normative-philosophical approach, a qualitative reading of the research data shows that the polemic of ushuliyyin regarding the validity of sadd al-dharai‘  is caused by differences of opinion regarding whether or not it is permissible to judge haram an act that is permissible but can lead to haram based on strong suspicion (dzann). Meanwhile, if this act leads to haram with certainty (bi-al-qat‘i) or with great possibility (ghalabat al-dzann), then almost all the ‘Ulama agree that it is forbidden. This finding strengthens the assumption of the reliability of sadd al-dharai‘ as an Islamic legal argument, because it emphasizes the material-objective aspect of what happens in the field, not the intention of the actor which is difficult to measure definitely. However, further studies are needed to examine the reliability of this legal argument in providing positive and contextual solutions to various contemporary issues.
KEHARMONISAN RUMAH TANGGA TANPA ANAK DI KOTA JAYAPURA: The Harmony Of Childless Households In Jayapura City BAMBANG, BAMBANG EDI TILARSONO; Hendra, Hendra Yulia Rahman; Musyafa, M. Musyafa
ISTIDLAL Vol 3 No 02 (2024): Al-Aqwal: Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v3i02.1191

Abstract

This study examines the harmony of childless households in Jayapura City. Although having children is often considered essential for creating a happy family, many couples live harmoniously despite not having children. The purpose of this research is to understand how these couples maintain their harmony and to identify the strategies they use. This study is an empirical research that employs a qualitative approach and a case study method in Jayapura City, Papua. Data were collected through observation, interviews, and documentation. The collected data were then analyzed using descriptive analysis methods and deductive reasoning, and were examined based on Islamic law and family psychology. The validity of the data was tested through triangulation to ensure the accuracy and reliability of the research results. The conclusions of this study are: (a) A harmonious family is one that accepts each partner as they are, supports each other, provides a sense of security and trust, encourages its members to grow and learn from daily experiences, has a solid relationship, creates happiness, faces challenges together, and serves as a source of comfort and motivation. (b) The strategies employed by these couples include: first, maintaining a positive attitude and praying; second, undergoing pregnancy programs and medical consultations; third, supporting and understanding each other; fourth, maintaining communication and attention; fifth, providing support and presence; sixth, keeping pets and staying occupied with work. The implication is that a harmonious family requires a strong foundation of acceptance, support, open communication, and joint efforts to overcome challenges, with positive strategies, maintaining close relationships, and dedication to growing and sharing happiness in their life journey together.
Childfree dan Hukum Menggunakan Alat Kontrasepsi dalam Perspektif Fikih Kontemporer : Childfree and the Law of Using Contraception in a Contemporary Fiqh Perspective) Syari'ah, Atiris; Tutik Hamidah
ISTIDLAL Vol 3 No 02 (2024): Al-Aqwal: Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v3i02.1252

Abstract

Childfree or consciously deciding not to have children and trying to prevent pregnancy with contraception are still a hot topic of debate among Indonesian society. In this paper, the author attempts to elaborate on childfree and contraception from various perspectives, with an emphasis on contemporary jurisprudential viewpoints. This research employs a qualitative approach, utilizing a literature study methodology. To obtain representative data, the researchers collected information from various literary sources and analyzed it using descriptive techniques, resulting in the conclusion that, in general, there is no text that declares it forbidden for individuals to choose a childfree lifestyle or contraception. However, in some cases and perspectives, it can be discouraged (makruh) or even forbidden (haram) if there are reasons beyond the objectives of Islamic law (maqashid al-syari’ah).
BAZNAS Kabupaten Maros: Optimalisasi Pengelolaan Zakat Sebagai Sarana Meningkatkan Kesejahteraan Masyarakat : BAZNAS Maros Regency: Optimizing Zakat Management as a Means of Improving Community Welfare Atika, Nur; Zahratul Mawaddah
ISTIDLAL Vol 3 No 02 (2024): Al-Aqwal: Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v3i02.1280

Abstract

This research aims to examine the optimization of zakat management as a means of improving community welfare, by referring to Law of the Republic of Indonesia Number 23 of 2011 concerning Zakat Management and Law Number 11 of 2009 concerning Social Welfare. The focus of the research is the strategy implemented by BAZNAS Maros Regency in maximizing the potential of zakat and the effectiveness of its distribution in improving community welfare. This study uses a qualitative descriptive method with a field research approach, using primary data from the Maros Regency BAZNAS office and secondary data in the form of related legal materials. The results of the study show that the strategy of BAZNAS Maros Regency includes zakat publications to increase public awareness, transparent administrative management, and real action in distribution and empowerment. The effectiveness of zakat distribution is influenced by the potential of community zakat, the amount of zakat funds that have been successfully collected, and the success of the distribution program despite facing obstacles in the collection and utilization of zakat. Scientifically, this research is expected to be a reference in the development of zakat management science and contribute to the scientific community, students, and related parties in an effort to improve the welfare of the community, nation, and religion.
PERTIMBANGAN KEADILAN PERSPEKTIF ADAT JAWA TERHADAP PEMBAGIAN PERAN SUAMI ISTRI: The Division of Roles of Husband and Wife in Javanese Society: A Justice Perspective Arifin, Mochammad; Rohman, Miftakhul; Slamet, Slamet
ISTIDLAL Vol 3 No 02 (2024): Al-Aqwal: Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/alaqwal.v3i02.1309

Abstract

Family is one of the forms that every married person dreams of. Many families are harmonious because they have complete members including father, mother and children. Apart from that, economically they feel sufficient so they look happy. However, not everyone experiences this, the more children and assets they have, the more problems they have after one of their family members dies, namely the issue of inheritance rights. Inheritance is often a problem that involves many parties to resolve it, such as law enforcement and custom. Therefore, this research will discuss the role of husband and wife in dividing inheritance rights according to Javanese custom. The aim of this research is to describe the distribution of family roles in tribal couples. Java. This research uses qualitative phenomenological methods. The subjects of this research were six married couples of Javanese descent who lived in Surakarta. Data was collected using semi-structured interview techniques. The data analysis method used was descriptive analysis. The research results showed that: 4,444 (1) couples shared roles in three areas of decision making, family financial management and child care; (2) the process of implementing these roles is flexible; (3) the husband plays more of a role in decision making, while the wife takes over financial management and childcare. Efforts to maintain harmonious relationships within the couple remain the main priority in carrying out this role. It can be concluded that the teachings of harmony are still the guidelines for husband and wife relationships in Javanese families.

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