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LP2M Institut Agama Islam Abdullah Said Batam INSTITUT AGAMA ISLAM ABDULLAH SAID BATAM Komplek Institut Agama Islam Abdullah Said Batam Batu Aji, Batam, Kepulauan Riau 29422
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INDONESIA
Jurnal Cerdas Hukum
Published by Institut Agama Islam Abdullah Said Batam
ISSN : 29642809     EISSN : 29642019     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice
Jurnal Cerdas Hukum ini merupakan terbitan ilmiah berkala bidang ilmu hukum. Jurnal ini diterbitkan oleh Fakultas Hukum Islam Institut Agama Islam Abdullah Said Batam sebagai media publikasi pemikiran, gagasan maupun hasil penelitian dalam berbagai bidang hukum yang dilakukan oleh para akademisi serta praktisi hukum
Arjuna Subject : Ilmu Sosial - Hukum
Articles 38 Documents
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MUHAMMAD SYAHRUR: IMPLEMENTASI TEORI HUDUD DALAM TAFSIR AL-QUR’AN Ahmad Ridwan Nasution; Irwansyah
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

Islamic law is required to be able to answer all problems that occur today. There needs to be a new innovation in getting the law out of the Koran. This is what an Arab thinker named Muhammad Syahrur did. He established a theory in interpretation of the Koran. This theory is named after the theory of huddle (limit). This theory is a new theory that in the golden age of Islam itself never came across. For this it is interesting to examine how the huddle theory of interpretation of the Quran can answer the problems that arise in the midst of modern society today. For this reason, the author will create articles using library research methodology (library research) in answering this problem. Thus a conclusion was reached that God's law had a minimum limit and a maximum limit. Keywords: Muhammad Syahrur, hududud, Islamic Law
TINJAUAN HUKUM ISLAM TERHADAP PERNIKAHAN DINI Wahyu Safitri
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

This article focuses on early marriage. Where early marriage in today's life has become a social phenomenon involving marriage occurring at a relatively young age, especially in adolescents or children. In the context of science and health, early marriage has far-reaching consequences and implications. The review aims to analyze the foundations of Islamic law underlying early marriage, examine Islamic legal perspectives on early marriage, and explore the advantages, challenges, and implications associated with early marriage in Islam. This article also tries to make a fundamental point in dealing with this issue. The research method used is a library study involving analysis of primary sources, such as and secondary sources consisting of books, journal articles, fatwa, analysis results suggest that Islamic law provides the basis for early marriage, taking into account certain aspects, This means that although there is no proof of Islamic law to prohibit early marriage, it does not mean that early marriage can be prohibited. And ideally there should be crucial considerations for such early marriage. However, this review also reveals the advantages and challenges related to early marriage in the context of Islamic law. Benefits of early marriage include the fulfillment of sharia, the stability of the family, and the fulfillment of individual physical and emotional needs. However, early marriage challenges include health risks, as well as physical and psychological imbalances that may occur in married couples at an early age. On the other hand, negative effects also cause domestic violence, divorce and childbirth deaths. In conclusion, early marriage in the review of Islamic law is legal marriage. Nevertheless, it is ideal for the state to be present to consider the continuation of early marriage phenomen that occur in this country considering that there are a number of negative effects that will occur from early marriage.  
LGBT DALAM PRESPEKTIF HUKUM ISLAM DAN HUKUM POSITIF INDONESIA Rasfiudin
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

This study discusses LGBT in the perspective of Islamic law and Indonesian positive law. LGBT (Lesbian, Gay, Bisexual, and Transgender) has become a complex and controversial issue in many countries, including Indonesia. This study aims to analyze how Indonesian Islamic law and positive law view LGBT phenomenon in Indonesia. The research method used is the study of libraries, by collecting and analyzing literature and legal documents related to LGBT in the context of Islamic law and positive Indonesian law. This study analyzed the perspective of Islamic law on LGBT based on principles of Islamic teachings. In addition, this study also analyzed how Indonesia's positive law regulates LGBT, including laws, government regulations, and related court decisions. The results of this study suggest that the perspective of Islamic law on LGBT tends to regard it as a violation of applicable religious values and social norms. Islamic law considers same-sex relationships to be prohibited and includes acts of gross sin. While in positive law and human rights, it does not give room to LGBT. LGBT tendencies are protected under human rights, absolutely not. Because the government can still ban activity and existence with the argument of control and maintenance of moral values. Where LGBT can be seen as abnormal and impinge on the moral damage of the nation's children. So to maintain more positive norms, cultures and moral values, all LGBT activities can be banned by the government.
PERNIKAHAN WANITA HAMIL DI LUAR NIKAH TINJAUAN MENURUT EMPAT MADZHAB Rionaldi
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

In modern times the phenomenon of marriage of pregnant women outside of marriage is quite frequent. In general, the marriage takes place between a pregnant woman out of wedlock and a married person, sometimes also with someone else who has never touched her. Pregnancy without first marriage is certainly a gross sin and violates the principles and rules of Islamic law. In this context, scholars disagree on whether to marry a pregnant woman without going through marriage. The results of this study showed that Imama Abu Hanifah and Al-Syafi argued that pregnant women out of wedlock do not have iddah, so it is okay to marry. The permission to marry a woman who is pregnant out of wedlock is based on the hadith of Prophet Muhammad Saw, "A child is responsible for the owner of the bed. Meanwhile, the male who molested will only get disadvantages." (HR Bukhari and Muslim)." Furthermore, Imam Malik and Ahmad argued other people. According to him, A woman who is pregnant out of wedlock has an iddah. So it is not lawful for her to marry a woman who is pregnant out of wedlock until she gives birth. And the argument underlying the prohibition of marrying a pregnant woman refers to the Prophet's hadith which Ruwaifi ibn Tsabit said, "Whoever believes in Allah and the Last Day, never pour water on the land of another person's plant."
PENERAPAN FILSAFAT ILMU TERHADAP ILMU HUKUM Irwansyah; Rika Afrida Yanti
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

The existence of law science is still often questioned its validity as a disciplinary study, both among social scientists and legal scientists. There are those who argue that law science does exist with its own characteristics, while other opinions question that if legal knowledge exists, what science is it based on. Because the science of law has very unique characteristics, it is different from other sciences. Law science has normative, practical and prescriptive characteristics and characteristics. With its normative nature, it passes by, so that it is neglected from the nature of science which has empirical characteristics. For this reason, the existence of legal science must be examined in depth so that the existence of legal science can be accepted as a science or vice versa. So there is an appropriate study to see the essence and existence of law science, it can be seen from a philosophical perspective, how to view the view of law science, and how the application of legal science. As it is known that science is the parent of the other sciences. The theoretical basis that will be discussed regarding aspects of ontology, epistemology and philosophical axiology.
URGENSI FATWA MAJLIS ULAMA INDONESIA (MUI) BAGI UMMAT ISLAM INDONESIA Zenal Setiawan
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
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Abstract

The Fatwa of the Indonesian Ulema Council (MUI) has a high urgency for Muslims in Indonesia. As an authoritative institution with recognized religious expertise, MUI has a central role in providing religious guidelines relevant to Indonesia's socio-political situation and context. In this background, this article discusses the urgency of the MUI fatwa in the context of Indonesian Islamic community. First, MUI fatwa is important in responding to the development of contemporary times and issues. The fatwa provides an interpretation of Islamic law that considers Indonesia's religious values, humanitarian principles, and social context. It helps Muslims understand and deal with issues such as technology, economics, bioethics, and emerging social issues. Second, MUI fatwa plays an important role in maintaining the unity of Muslims. In diverse societies, the MUI fatwa provides guidelines accepted by the majority of scholars and Muslims in Indonesia. It helped to reach an understanding and consensus in understanding and practicing religious teachings, preventing division and conflict between Muslims. Furthermore, MUI fatwa has a wide impact on people's lives. The fatwa is used as a reference in the process of creating laws, government policies, and religious courts. It forms a legal and regulatory order that conforms to Islamic teachings, and affects people's lives in general. In addition, in the increasingly advanced digital era,
URGENSI DEWAN SYARIAH NASIONAL (DSN) DALAM PEMBAHARUAN HUKUM EKONOMI DI INDONESIA Halimatus Adiah
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

Abstract The National Sharia Council (DSN) is the only institution or organization in Indonesia that is believed to be capable of issuing Islamic fatwa. Considering that technological, social and cultural development today is very rapid. Therefore, the existence of today's DSN can no longer be viewed with one eye, especially when it comes to provisions and fatwa related to Islamic khzana. Nevertheless, it is quite unfortunate that the fatwa funded by DSN have not all been absorbed by the government and formulated into regulation legislation. The implications are only those considered important that are accommodated and formulated into the Law, some of which are just ordinary fatwa. Where we know, that fatwa is not as coercive and binding as the Law. Nevertheless, the current existence of DSN has been taken into account, especially when it comes to contemporary banking and finance today. In conclusion, that the existence of DSN has enormous urgency in many ways and its urgency is not only for the Muslims themselves, but also for the benefit of the state. For this reason, credibility, idealism, honesty, and neutrality in giving birth to various fatwa products must uphold the values of honesty. So that the existence of this DSN can be a reference to all Islamic people, especially in Indonesia.
TINJAUAN PRINSIP-PRINSIP DEMOKRASI DALAM HUKUM ISLAM Lukman Hakim
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

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Abstract

Islamic relations with democracy to this day are still a topic often discussed by Islamic scholars. Some consider that democracy cannot be united with Islam, because democracy is not part of the product of Islam, but rather the product of the West. Others accept and argue that democracy is in line with Islam. Because democratic principles are also found in the teachings of Islam. Nevertheless, the debate is still frequent and the ikhtilaf among Islamic figures cannot be united. It attempts to explain the concept of piqih's proposal as a means of bridging or seeing how the correlation and relationship between democracy and piqih thinking and comprehensive Islamic law are. Because when a normative law is not found in the Qur'an and hadith, then the ijtih space and the rule of piqih are allowed to give the answer to the problems faced by Muslims. And the idea of a democratic relationship with Islam will be answered using the piqih proposal approach. As long as democracy does not conflict with Islam then democracy does not conflict with Islam
KARAKTERISTIK SOSIOLOGI HUKUM Muhammad Sibawaih
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
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Abstract

Basically, regulations are made aimed at creating justice, order, protection of human rights and benefits. Therefore, it is not an exaggeration if one argues that the existence of law is the supreme commander in a state order. It means that all matters related to the activities, conduct and actions carried out by the public and policy activities and decisions made by the ruling elites or the government must be within the corridors of the legal regulatory apparatus or laws applicable within the State. Indonesia, for example, is one of the countries that label its country as a country based on law. This can be seen in the Basic Law of 1945 the third amendment in article 1 paragraph (3) there is stated that "Indonesia is a country of law. The legal system used in Indonesia until now is sourced from three components of the legal system. namely the western legal system, Islamic law and customary law. These three legal systems are important components in every legal formulation and manufacturing agenda in Indonesia. The focus of this article is on trying to capture the scope and characteristics of the law
KRITERIA PEMIMPIN ISLAM DALAM HADITS Sunoto
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
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Abstract

Islam is a religion that has very comprehensive study values, and includes all things, social, political, cultural, economic, and even government and leadership. Today the issue of leaders is often discussed by scholars across disciplines, including Muslim scholars. To this end, this study will attempt to elaborate on the hadiths that are rich in the criteria for leadership in the Qur'an and hadiths. In the Qur'an itself the term leader is often mentioned, and the Qur'an uses several terms about leader. Among them were the Caliph, ulilamri, and priests. Comprehensive discussion of leadership and leadership can be found in various hadiths shahih of the Prophet Muhammad Saw. However, in this study only three hadiths were described, namely hadiths that talked about the criteria of leaders. Hadits first mentioned that the main criteria that leaders must have is faith and trust in Allah SWT. The second Hadits mentioned that the leader should be able to internalize the love relationship with the community he leads. And the third hadith says justice is one of the very crucial criteria that leaders should have.

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