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Taufiqur Rohman
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HIKMATUNA: Journal for Integrative Islamic Studies
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 2460531X     EISSN : 25033042     DOI : https://doi.org/10.28918/hikmatuna
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
This Journal focuses on Islamic Studies with an integrative approach through social sciences and humanities. The social sciences field covers the studies of Psychology, Economics, Politics, Education, Law, and History. Meanwhile, the humanities field covers the studies of Quran, Hadith, Islamic Astronomy Observatory, Monotheism, Islamic Law, and Sufism. This journal aims to reveal and solve the problems faced by Asian people, especially Indonesia, from the social sciences and humanities perspectives. Therefore, those problems can be solved comprehensively.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 247 Documents
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Cryptocurrency and Crypto Assets in the Perspective of Islamic Legal System Philosophy Abadi, Khafid; Ahmad Taufiq; Rizka Roikhana
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1216

Abstract

The purpose of this research is to determine whether or not cryptocurrencies are legitimate in Islam as both a currency and a commodity. This is research done in a library. The research is descriptive-analytical and uses Jasser Auda's Islamic legal philosophy approach to try to explain cryptocurrency law. The findings demonstrate that, from the standpoint of Islamic legal philosophy, the law governing cryptocurrency as a currency is comprehensive (tafsil). Whether it is halal or not by looking at how the goal was achieved, specifically (benefit). If the cryptocurrency has clear benefits, such as the existence of underlying assets and the government's role in realizing the general benefit (maslahah ammah), it can be considered halal. Similarly, cryptocurrencies that lack clear regulations and are not backed by assets will be haram due to the possibility of mafsadat. Despite the fact that cryptocurrencies are regarded as al-Ma'l al-ma'nawiyyah because they do not conform to the objectives of sharia in assets (maqashid as-shari'ah fi al- mal), the law of cryptocurrencies as assets (crypto assets) is not valid. This research certainly has limitations, especially related to field data, namely interviews with cryptocurrency business actors. Therefore, to develop further research, not only juridical research but also juridical-empirical research.
Child Adoption Model in Islamic Law: A Case in Central Java Indonesia Qurrota A’yun; Nur Meilani; Dewi Rahmawati
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1248

Abstract

This study aims to analyze the model of child adoption practices and the legal consequences of adopted child status in Islamic Law. This research is a field study with a juridical-empirical approach, which is descriptive and analytical in nature. Data on child adoption practices were analyzed using Friedman's legal system theory, which views the legal system as consisting of interconnected subsystems, including legal rules, enforcement, and the legal culture of the community. The effectiveness and success of law enforcement are measured through three elements of the legal system: the structure of the law, the substance of the law, and the legal culture. The research findings indicate that the model of child adoption practices in Batang District, Central Java is highly diverse. These models are observed in several villages within Batang District, such as Lebo, Pesaren, Banjiran, and Kalipucang Wetan. According to Indonesian legal regulations regarding child adoption, the reality is that the first model of child adoption does not comply with Indonesian legal rules, while the second model follows a familial approach. Several variations of these models present legal issues that have significant implications, particularly in terms of lineage, inheritance rights, and mahram relationships.
Authority and Dynamics of Compliance to Resolve Sharia Digital Finance Disputes in Indonesia Abdul Mujib
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1250

Abstract

This article focuses on analyzing the urgency of authorities in adapting technology to modern financial services. Conventional financial institutions (existing institutions) are entering a new era, where all financial transaction activities are connected to technology. The development of digital financial services such as electronic money (digital payments) and digital funds (crowdfunding) creates very fierce competition in today's modern financial services industry. The main problem that arises in the adaptation of information technology in financial services is legal certainty and protection for parties involved in digital financial transactions. This research analyzes the development trend of digital financial services in Indonesia. In addition, this study shows the efforts made by regulators in anticipating legal problems. Views on Islamic digital financial dispute resolution approaches and procedures are also the focus of discussion in this article. The method used in this study is literature research. This research uses an exploratory normative legal approach. Data collection techniques are carried out by observing, reviewing, and analyzing textual information which is then adapted as the main data in the discussion of this research topic. Data was collected from a literature review in the form of library materials or secondary data related to digital finance. This research produced several findings, namely: 1) the urgency of the authority in controlling the implementation of Islamic digital finance by presenting special regulations to minimize disputes between the parties. 2) Sharia digital financial platforms are ensured to have maximum Sharia compliance tools through Sharia compliance audits under the control of the authority.
Riba Potentials in DSN-MUI’s Fatwa Concerning Gold Rahn Homaidi Hamid
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1330

Abstract

This study aims to analyse the usury potential contained in the National Sharia Council-MUI Fatwa Number: 26/DSN-MUI/III/2002 about Gold Rahn. This research was conducted to examine the fatwa from the perspective of Usul Fiqh. Islamic Sharia forbids riba (usury) and things that can encourage usury. The things that can encourage the occurrence of usury prohibited by Islamic Sharia are the merger of the Qardh contract and buying and selling, as well as other exchange contract, such as ijarah. On the other hand, Fatwa of the National Sharia Board-Indonesian Council of Ulama (DSN-MUI) Number: 26/DSN-MUI/III/2002 about Gold Rahn actually opens the opportunity for usury because it allows the merger of the qardh and ijarah contract. This research combines literature and field research methods. Data was collected through literature search, documentation techniques and interviews. Triangulation techniques are used to test the validity of data. Next, the data is analysed and concluded. This research found that: 1) the potential for usury is due to the absence of restrictions on taking marhun maintenance fees by Islamic Financial Institutions. If the amount of service fees imposed by the Islamic Bank in maintaining marhun exceeds a reasonable price, the excess is considered usury. 2) The price excess is approved by the customer solely because the customer gets a loan from the Sharia Finance Institution (LKS). Also, LKS wants to provide loans to customers solely because customers want to pay fees that exceed reasonable maintenance costs.
The Dialectics of Child Marriage and the Age of Maturity for Marriage: A Qur'anic Exegesis Abd. Holik; Moch. Nurcholis
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1338

Abstract

This article aims to analyze the gaps in the study of child marriage from a specific Qur'anic perspective. The primary focus of this study centers on the issue of the concept of marriage maturity in the Qur'an. The central problems addressed involve the practice of child marriage as portrayed in the Qur'anic context and the positioning of marriage maturity during the stage of maturity as per the Qur'an's perspective. To conduct this research, descriptive research methods were employed. This paper aims to delineate child marriage within the Qur'anic context and explore the stages of maturity by examining key phrases related to the concept of maturity found in various Qur'anic verses. The key phrases under consideration include "balāghatul aṭfāl minkum al-hulūm," "balāghun al-nikāh," and "balāgh ashuddah." The research findings reveal that, first, the practice of child marriage, as depicted in the Qur'an, serves as a reflection of the prevailing social conditions and is not to be construed as an endorsement of such practices; second, the maturity required for marriage is defined as the second stage of maturity, where both the physical and psychological aspects are fulfilled, even though individuals may not have reached a state of perfection. This research provides a foundation for arguments advocating the discontinuation of child marriage practices. Such practices are detrimental to developmental progress and infringe upon the rights of children.
Accelerating Waqf Land Certification Problem and Solution through the Complete Systematic Land Registration Program (PTSL) Acep Zoni Saeful Mubarok; Yuyus Saputra; Darwis Darmawan
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1396

Abstract

This paper examines the issues with a comprehensive systematic land registration (PTSL) program's goal of expediting the certification of waqf land. This article focuses on the maintenance of waqf through the waqf certification program. Waqf assets can be preserved by registering waqf land and providing proof in the form of a waqf certificate. Due to their legal standing and ability to settle disputes, the nazhir (managers) and the waqifs (those who contribute land) will feel secure. A government invention to expedite the certification of freehold land, including waqf land, is the PTSL. The program is still in its infancy, thus there are still several issues that pose difficulties and barriers. collaboration and synchronization with other parties. This study uses qualitative techniques and primary data sources, including interviews and direct observation. In addition, literature sources on waqf from regulations, articles and other research become secondary sources. The data that has been collected is analyzed using descriptive analysis techniques. The study's findings revealed, among other things, that the PTSL approach is particularly effective in speeding waqf land certification. Second, there is still a lack of coordination between the Ministry of Religion, BWI, and other organizations, as well as the Agrarian Spatial Planning Office/National Land Agency.
Sharia Actualization: Realizing the Indonesian Islamic Jurisprudence Ahmad Ridwan; Siskha Putri Sayekti; Eva Siti Faridah
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1398

Abstract

Sharia is intertwined with fiqh. In English terminology, Sharia is translated as “Islamic law based on the Quran.” In the context of reforming Islamic law in Indonesia, the method of talfiq is needed, selectively choosing opinions that align with the conditions in Indonesia. It is believed that the Islamic legal tradition, in terms of formation, reform, or legal development, is closer to the Anglo-Saxon legal system known as precedent law. This is because Muslims fully accept that all the dogma, principles, and Islamic sharia are already perfected in the Quran and the Sunnah of the Prophet. The question at hand is how these legal texts can be guaranteed to remain relevant and capable of meeting the needs of all times, places, cultural contexts, and social levels. This study delves deeper into the Sharia within the Contemporary Era, relating to the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The research is a literature study, focusing on the examination of figures and the object of study, which is Sharia in a modern context. This study employed a qualitative approach to analyze the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The dynamics of Islamic law in Indonesia are expected to continue evolving and innovating so that in the future, Islamic law with universal value will not only pertain to the realm of fiqh muamalat (transactions) and akhwal sakhsiah (personal matters) but will also contribute positively to the development of national law in Indonesia in various aspects.
The Legal Effectiveness of Marriage Dispensation in the Religious Court of Batang, Central Java: A Case of Post-Law Number 16 of 2019 Ali Trigiyatno; Makrum; Luthfi Hakim Arif Effendi
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1974

Abstract

This research analyzes the factors contributing to the high number of marriage dispensation requests at the Religious Court of Batang Central Java following the enactment of Law Number 16 of 2019, which regulates the minimum age for marriage. A qualitative approach, employing deductive and inductive analyses, is utilized to comprehend the dynamics of this phenomenon. Positive transformation: Valuable data is collected through interviews, observations, and documentation, and skillfully transformed into insightful descriptive information. The research findings are anticipated to serve as a reference in the field of Islamic Family Law. The results indicate the ineffectiveness of legal provisions, evidenced by the substantial increase in marriage dispensation requests post the enactment of Law Number 16 of 2019. The judicial foundation for approving dispensation requests is rooted in the Quran, Hadith, Law Number 1 of 1974, Law Number 16 of 2019, Compilation of Islamic Law (HKI), and Supreme Court Regulation Number 5 of 2019. The practical implication underscores the need for a reevaluation of the marriage dispensation procedures to ensure better understanding among academics and the public. This research contributes innovatively by exploring the impact of Law Number 16 of 2019 on the phenomenon of marriage dispensation at the Religious Court of Batang, with a specific focus on legal effectiveness.
Community Psychology and the Acceptance of Rohingya Refugees in Aceh: Local Identity, Humanitarian Needs, and Islamic Law Alwi, Said; Mukhlis; Siregar, Zulfikar Ali Buto; Iqbal, Muhammad; Fithra, Herman
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.6899

Abstract

This research delves into the psychology of the Aceh community in receiving Rohingya refugees, with a particular emphasis on the influence of local identity. It critically analyzes mass media to identify reporting patterns and perspectives on Rohingya refugees. Data were gathered through news analysis and in-depth interviews to gain insights into the community's perceptions, attitudes, and local identity. The findings reveal that the Acehnese community's perceptions, attitudes, and emotional responses towards Rohingya refugees are shaped by a strong local identity, historical conflict experiences, and concerns about resource competition and religious identity. Acehnese cultural and religious identity promotes internal solidarity but also fosters exclusivity towards 'foreign' groups. Previous ethnic conflicts exacerbate tensions and distrust towards refugees. The use of religious symbols by refugees further heightens social and psychological tensions. However, the humanitarian principles in Islamic law, which emphasize fair treatment and assistance to those in need, play a pivotal role. This study adopts a multidimensional approach, integrating psychology, sociology, and education to address identity conflicts, foster harmonious interactions between the Acehnese community and Rohingya refugees, and strengthen intergroup relations by considering aspects of identity and humanity.
Contemporary Warfare and Political Jurisprudence (Fiqh Siyasah): An Analysis of Asymmetric Warfare in Military-Political Doctrine (Siyasah Harbiyyah) Timur, Fauzia Gustarina Cempaka; Umam, Khoirul; Aulia, M. Rezza Nuril
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7059

Abstract

Islamic Jurisprudence (Fiqh) as a Legal Framework seeks to guide the dynamics of human life comprehensively, including fiqh siyasah (political jurisprudence). In warfare contexts, fiqh siyasah encompasses the practice of war (siyasah harbiyyah). However, with the evolution of warfare, questions arise about the relevance of jurisprudence to contemporary phenomena such as asymmetric warfare. By exploring Islamic sources in fiqh, particularly siyasah harbiyyah, and sources discussing new warfare forms, this paper outlines Islamic principles of warfare in analyzing asymmetric warfare. This research uses a qualitative design to examine the relationship between contemporary warfare and Fiqh Siyasah (Islamic political jurisprudence) in asymmetric warfare contexts. The data includes primary sources like classical and modern Islamic legal texts, fatwas, and religious edicts, along with secondary sources such as academic articles, books, and reports on recent asymmetric conflicts. Additionally, semi-structured interviews with Islamic legal scholars, political scientists, and defense strategists provided expert insights. Analytical methods include thematic analysis to identify key themes, content analysis to detect patterns and contradictions, and triangulation to ensure data reliability. The findings conclude that siyasah harbiyyah within fiqh cannot address the challenges of asymmetric warfare linearly, as it involves both state and non-state actors, lacks significant military involvement, and includes different war stages. This form of warfare does not always conform to international war conventions. However, the framework of fiqh principles, particularly qawaid fiqhiyyah (juridical rules), can respond to these new warfare forms. Relevant principles include views on war motivations, consequences caused by state and non-state actors, and defensive, offensive, and active defensive principles according to Islamic jurisprudence. Therefore, fiqh siyasah, especially siyasah harbiyyah, needs to accommodate responses to contemporary warfare forms in the future.

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