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Al-Rasikh : Jurnal Hukum Islam
Published by Universitas Islam Internasional Darullughah Wadda'wah
ISSN : 20891857     EISSN : 25802755     DOI : https://doi.org/10.38073/rasikh
Core Subject : Religion,
Religion
Journal of al-Rasῑkh, is a journal published by the department of Shariah at Darullughah Islamic Institute Waddawah Bangil Pasuruan. This journal is published twice a year, November and July. Journal Al-Rasikh is a journal that accommodates several articles either the results of research or the concept of the study of Islamic Law, especially kesyarihan Islam. The Islamic Sharia covers some of the related Shariah areas such as Law, Judge, and Religious Courts that can be observed from several disciplinary perspectives. It is expected that with the publication of Al-Rasikh journal will add to the repertoire of scholarship about the study of Islamic Studies, especially the study of sharia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 93 Documents
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UPAYA P2TP2A DALAM PERLINDUNGAN HUKUM TERHADAP KORBAN PEDOFILIA Sa'dan, Saifuddin; Zubaidi, Zaiyad; Tinambunan, Zaidar
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 1 (2023): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i1.895

Abstract

This research discusses the efforts made by P2TP2A in legal protection for child victims of pedophilia in Aceh Singkil. This research is motivated by the Indonesian Central Bureau of Statistics which records that pedophile crimes continue to increase. Not only in cities, but spreading to villages, one of which is Aceh Singkil. In victimology, children are very vulnerable to becoming victims of crime. Based on this, the guarantee of a decent life, the widest possible opportunity for children to grow and develop, both physically and mentally, is hampered due to the act of pedophilia and of course causes deep psychological trauma to the victim. The problem raised in this study is, What are the factors that cause pedophilia in Aceh Singkil? What are the efforts of P2TP2A Aceh Singkil for legal protection for child victims of pedophilia? aims to find out what are the factors causing the occurrence of pedophilia crimes in Aceh Singkil and the efforts made by P2TP2A Aceh Singkil for legal protection for child victims of pedophilia. The research method used in this study is descriptive analysis, with the type of research library research) and (field research). Based on the results of the research, the authors found that the factors causing the occurrence of pedophilia in Aceh Singkil were easy access to videos that contained elements of decency, alcohol, and a lack of strong faith, a lack of control over the family from parents as protectors, and a lack of education about sex against victim). There are several legal protection efforts carried out by P2TP2A Aceh Singkil, namely providing legal aid services, medical assistance, social rehabilitation efforts, reintegration and assisting all victim recovery referral mechanisms to the provincial P2TP2A.
PERSPEKTIF MADZHAB IMAM SYAFI’I RA TERHADAP KADAR HARTA YANG DITERIMA SUAMI DALAM KHULU’ Aswat, Hazarul; Luthfi, Abdus Salam
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 1 (2023): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i1.1058

Abstract

The level of assets received or iwadh due to the wife's demand for divorce from her husband using the khulu' method, often becomes a prolonged polemic. Referring to the views of the jumhurul ulama, especially the Imam Syafi'i school of thought, which is more of a reference for the Muslim community in Indonesia, makes the marriage dowry that the husband has given to the wife at the time of the marriage contract as redemption for divorce. The main problem in this research is how the legal istinbath is used and what is the opinion of the Imam Syafi'i RA school about the amount of wealth received by the husband in khulu'. The results of this research are that the legal istinbath of the Imam Syafi'i ra school of thought cannot be separated from: Al-Quran, Al-Hadith, Ijma', Kiyas and Istidlal. And the opinion of the Imam Syafi'i school of thought is that a wife is allowed to ask her husband for a divorce, if he is worried that he will not be able to carry out his obligations properly through khulu' means, as well as giving iwadh as ransom. There is no minimum or maximum limit for Iwadh, the wife is allowed to give a ransom which can be equal to the wedding dowry, it can be reduced or it can be more.
ETIKA PROFESI HAKIM Suharsono; Zaim, Mahibu; Tua, Hafizd Purbala; Jamaludin, Nurrun
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 1 (2023): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i1.1110

Abstract

Discourses about professional ethics of judges started out from the reality of law enforcement officials (especially judges) that ignore the values of morality. Although judges have already had the professional code of ethics as moral standards it has not yet brought positive impact on negative image in public view. One way to enforce the rule of law is to urge ethics, professionalism, and discipline. Professional ethics of judges contain moral values underlying professional personality, namely freedom, fairness and honesty. Professional ethics of judges and law are a unity that is inherently contained ethical values of Islam which is the foundation of understanding the Qur’an, so basically the code of professional conduct of judges is in line with the values of the Islamic ethical system. Ethics Islamic law is built on four basic values, namely the values of truth, justice, free will and responsibility
ORGANISASI KEMASYARAKATAN ISLAM DALAM MEWUJUDKAN CHECK AND BALANCES TERHADAP KEBIJAKAN PEMERINTAH: Perspektif Undang-Undang Organisasi Masyarakat Pratama, Rihan
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 1 (2023): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i1.1231

Abstract

The task of the opposition in government is to provide oversight of government policies and behavior. The opposition party, which in a democracy functions as a control over the incumbent (Check and Balances), has shifted in favor of power. As a result, NGOs, labor unions, and community organizations are practically without a solid opposition. This research is a type of library research, with primary law in the form of the Law on Community Organizations used as a source for study, and also secondary sources in the form of books, journals, and so on. Community Organizations (Ormas) are basically concerned with maintaining the unity, integrity, and interests of the nation. CSOs are established with the aim of protecting, maintaining, and strengthening the unity of the Nation. This is in line with Law 17/2013, which mandates that mass organizations become a bridge for the voice of the people. Although this has been done, it is still ineffective, because the government has turned a deaf ear to it.
SUDUT PANDANG PENGONTRUKSIAN PRO DAN KONTRA DALAM KONSEP SYIRIK DI POLITIK ISLAM Setiyawan, Joko; Suganda, Rifki
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1260

Abstract

This article examines Islamic politics from the Al-Qur'an, Surah Al Imran verse 159 concerning deliberation. This paper argues that deliberation and consensus is one of the values ​​and principles of Islamic politics in the Al-Qur'an. These interpretations even suggest that the Prophet Muhammad SAW, as the leader of the Muslim community at that time, often took decisions suggested by his friends, not based on his own opinion. Several religious figures also stated that politics without a state would not be successful and a state without politics would be impossible, because politics and religion are an inseparable unity, politics itself is simply the application of the absolute mind in humans regarding instruments. It is important in achieving a goal that every human desires, and religion itself has a role in decision making and guiding humans in taking and carrying out tasks in a maslahah way. Therefore, this paper shows that one of the principles of Islamic politics from the Koran is achieving consensus in making decisions that involve many parties and by involving them in decision making
ANALISIS HUKUM ISLAM TERHADAP TEKS TAKLIK TALAK DALAM BUKU NIKAH MENURUT MADZHAB AS-SYAFI’I Rahman, Arif
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1421

Abstract

This research aims to examine further the text of taklik talak as a form of marriage agreement in the marriage book according to the Imam Syafi'i school of thought. Using literature research in reviewing it, the law of divorce in marriage is permissible and depends on the agreement of the husband and wife. Although not mandatory, this agreement is usually included in the marriage certificate book. After the marriage contract, PPN offers the husband to read and sign the divorce agreement. If the husband agrees and signs, the agreement is considered valid, even if it is not read during the marriage contract. Even though the law is permissible, the contents of the agreement have been determined by the Ministry of Religion, making it a standard agreement. The determination of the divorce agreement in the marriage certificate reflects custom, although it is not legally required. The validity of the taklik talak agreement cannot be revoked once it is deemed valid.
CRYPTOCURRENCY SEBAGAI ALAT TRANSAKSI MENURUT TINJAUAN HUKUM ISLAM Said, Muhamad Siraj Umar; Mustofa, Imron
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1482

Abstract

Cryptocurrency is a blockchain-based technology widely used as a digital currency. Basically, Cryptocurrency has almost the same function as other currencies, but this currency does not have a physical form like currency in general. This study employs a descriptive method and is classified as qualitative research. The findings indicate that Cryptocurrency is a novel phenomenon, particularly with regard to transactions. The 4.0 revolution era's rapid technological advancements force people to adjust to the many conveniences that Cryptocurrency offers, but if The government has not formally granted approval due to the illegal nature of cryptocurrencies and the lack of oversight from financial services regulatory organizations, particularly in Indonesia. In the meanwhile, as per Islamic economic law, The idea of Cryptocurrency involves both gharar and dharar because it lacks intrinsic value, its creator or inventor is unknown, there is no authority to guarantee the legitimacy of transactions, and it is inextricably linked to price speculation which is highly volatile and primarily intended to be a tool for profit and loss. Then, Maysir is present in Cryptocurrency.
PENGGANDAAN UANG DALAM PERSPEKTIF PASAL 378 KUHP DAN HADITS RIWAYAT IMAM MUSLIM Angraeni, Muthiara; Arifin, Tajul
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1489

Abstract

This article analyzes the prohibition of money duplication as stipulated in Article 378 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana) and the perspective of a hadith narrated by Muslim. The research aims to gain insights into the conception of this prohibition in the context of criminal law and the Islamic religious view. A normative research method is employed, which involves examining available legal sources. The legal sources used include primary legal sources based on Article 378 of the Criminal Code and Islamic legal sources, namely the hadith narrated by Muslim. Secondary legal sources obtained from journals, books, and supporting documents are also utilized. The analysis indicates that Article 378 of the Criminal Code prohibits actions of money duplication involving manipulation or fraud to obtain unlawful profits. This article provides a more comprehensive understanding of the prohibition of money duplication from the perspectives of criminal law and Islam.
STANDARISASI KEKERASAN DALAM RUMAH TANGGA DALAM PERSPEKTIF HUKUM KELUARGA ISLAM Kadir, Abdul
al-Rasῑkh: Jurnal Hukum Islam Vol. 12 No. 2 (2023): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v12i2.1636

Abstract

The aim of this study is to look at the standardization of domestic violence from the perspective of Islamic Family Law, in particular according to Mazhab Syafi’i, as well as the positive laws in force in Indonesia. KDRT is a serious problem that affects victims as well as families and society as a whole. As a Muslim-majority country, Indonesian law incorporates positive laws and Islamic values. This research uses qualitative methodology. Data in this research was collected through the study of literature from a variety of relevant sources, including books, journals, and legal documents. Mazhab Syafi’i’s view and positive law on the definition, legal action, and sanctions of the KDRT compared. The results of the research show that the KDRT is recognized by both Indonesian positive law and Mazhab Syafi’i as an act that violates the principles of justice and household welfare. However, there are differences in the way they deal with the KDRT issue and its enforcement. Through the integration of the perspective of Islamic law and positive law, the research is expected to make a significant contribution to the prevention and management of KDRT efforts in Indonesia, as well as improving protection and justice for KDRT victims. The benefits of the research include theoretical contributions to legal literature, improvement of public policy, empowerment of the public, and improved access to justice for the victims of the KDRT.
TINJAUAN ‘URF TERHADAP TRADISI MANGGADAIKAN ANAK KARENA TA IMPOK PALAPA NDAYANG OLEH MASYARAKAT MUARA KANDIS PUNGGASAN Insani, Silvi Sri; Zulfan, Zulfan; Ikhwan, Ikhwan
al-Rasῑkh: Jurnal Hukum Islam Vol. 13 No. 1 (2024): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.v13i1.1653

Abstract

This research was conducted to examine the tradition of pawning children because of the ta impok palapa ndayang by the Muara Kandis Punggasan community. This tradition is a hereditary custom where children who have impok palapa ndayang will be pawned to the bako. This habit is believed by the community to protect children from bad things and maintain family harmony. This research aims to describe the process of implementing this tradition in Muara Kandis Punggasan and review the perspective of Islamic law ('urf) towards this custom. The research method used is qualitative with a descriptive approach. Data was collected through observation, interviews and documentation studies with informants consisting of communities directly involved in this traditional practice as well as local traditional leaders. The results of the research show that the process of implementing the tradition of pawning children involves several stages, including selecting the child who will be impok palapa ndayang, accepting the pawn by the bako, handing over the child, and redeeming the pawn. This tradition is carried out with the belief that if it is not implemented, it can have negative consequences for the family.

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