cover
Contact Name
Mohammad Noviani Ardi
Contact Email
mn.ardi@unissula.ac.id
Phone
+6281359100363
Journal Mail Official
jurnalululalbab@unissula.ac.id
Editorial Address
Departement of Sharia Secretariat Building of Faculty of Islamic Studies. 2nd Floor. Universitas Islam Sultan Agung Jl. Kaligawe Raya No. Km.4, Semarang City, Central Java 50112, Indonesia.
Location
Kota semarang,
Jawa tengah
INDONESIA
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
ISSN : 25976168     EISSN : 25976176     DOI : https://doi.org/10.30659/jua.v%i%
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam (JUA) is focused to the examination of contemporary issues in Religious Studies through both qualitative and quantitative research methodologies across various domains, including social, religious, economic, cultural, political, and legal contexts. The journal employs an Islamic legal framework that encompasses Islamic Jurisprudence (Fiqh), Islamic Law Methodology (Ushul Fiqh), the Objectives of Islamic Law (Maqashid Sharia), and Islamic Legal Philosophy, drawing upon the theories of both classical and contemporary Islamic scholars. The scope of research articles published in the JUA encompasses the following areas: Social and Cultural Studies: Examination of marriage traditions, divorce, customary laws, policies, and related issues. Religious Studies: Exploration of Islamic astronomy, the halal industry, government policies, zakat, waqf and associated topics. Economic Studies: Analysis of the Islamic economy, Islamic banking law and pertinent issues. Political Studies: Investigation of Islamic political systems and other related matters. Legal Studies: Review of marriage law, inheritance law, Islamic economic law, family law, civil law, comparative law and additional legal concerns.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 126 Documents
Marriage Requirements for Cadres of Pondok Pesantren Gontor: Exploring the Concept of Kafa’ah Wahyudani, Zulham; Muhazir, Muhazir
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.27460

Abstract

This study aims to analyze the marriage requirements for cadres of Pondok Pesantren Gontor. Each cadre who wishes to marry must choose their own partner and obtain approval from the pesantren's leadership. If the leaders, including the kyai, does not grant approval, the cadre is not permitted to marry the chosen partner. In the tradition of Pondok Pesantren Gontor, approval from the pesantren's leaders is crucial to receiving blessings in the marriage. Such a practice has been in place for many years to maintain the pesantren's existence. This study seeks to analyze these unique marriage conditions for Gontor cadres and how these requirements are viewed from the perspective of kafa'ah. This research is empirical and uses a qualitative approach. Data was collected through interviews with the cadres and teachers at Pondok Pesantren Gontor, as well as an analysis of the pesantren's website. The concept of kafa'ah was derived from several sources of literature. The study finds that a potential wife must agree to adhere to the conditions applicable to cadres throughout their lives, including obedience to the pesantren's leaders, being ready to work at the pesantren 24 hours if needed, and being prepared to be assigned anywhere according to the pesantren leaders's orders. The concept of kafa'ah in this context can be justified as the alignment of the potential wife’s vision and mission with those of her husband (a Gontor cadre). This concept of kafa'ah differs from the textual understanding found in traditional fiqh texts and the Compilation of Islamic Law (KHI). This alignment is seen as essential for achieving welfare and as a form of self-dedication at Pondok Pesantren Gontor in Ponorogo, East Java, although this concept differs from the textual interpretation found in fiqh texts and the KHI.
The Problems of Implementing Imkan Rukyat in the Case of an Invisible Hilal (Crescent): A Perspective of Syafi’i Scholars Hudi, Hudi; Rofiq, Ahmad
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36527

Abstract

Imkan rukyat refers to the conditions under which the new moon (hilal) can likely be sighted based on specific criteria. When the hilal is visible, the following day can be confirmed as the start of the new lunar month. However, if the hilal is not seen during the rukyat observation, a dilemma arises between two choices: whether the next day should be declared as the first day of the new lunar month based on the criteria of imkan rukyat, or whether the current month should be completed (istikmal) to a full 30 days. All Islamic mazhabs including Hanafi, Maliki, and Hanbali generally advocate for istikmal if the hilal is not sighted. However, within the Syafi’i Mazhab, there is a divergence of opinion, with some scholars advocating for istikmal and others for hisab (astronomical calculations). This duality of opinion is particularly relevant in Indonesia, a country with a majority of Syafi’i followers. The aim of this research is to analyze the views of Syafi’i scholars on this matter. This study is a type of library research, focusing on the decisions of the Ministry of Religious Affairs of the Republic of Indonesia's isbat meetings regarding the start of the lunar month and the moon sighting data provided by Nahdlatul Ulama. The research is grounded in the Quran, Hadith, and Syafi’i jurisprudence (fiqh) texts. The findings of this study indicate that the majority of Syafi’i scholars hold that if the hilal is in a position of imkan rukyat but is not sighted, the month should be completed to 30 days (istikmal). However, some Syafi’i scholars permit the determination of the start of the new lunar month the next day based on hisab imkan rukyat, provided that the calculation is done by at least seven qualified astronomers who are unlikely to err, and that the non-sighting of the hilal is due to technical or natural factors. These results can serve as a reference for determining the start of the lunar month when the hilal is not visible due to cloudy conditions
The Role of High Religious Courts in The Bengkulu Area in Safeguarding Children's Interests Regarding Post-Divorce Living Expenses and Civil Rights Pian, Happy; Mukhlas, Oyo Sunaryo; Arifin, Tajul; Saebani, Beni Ahmad; Ridwan, Ahmad Hasaan; Abdulah Pakarti, Muhammad Husni
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36594

Abstract

This research aims to examine the legal process carried out by the Bengkulu Religious High Court in ensuring the living expenses of children after their parents' divorce. This study is qualitative research with a normative legal approach. Primary data comes from laws, court decisions related to children's rights post-divorce, and children's civil rights, while secondary data is obtained from books, online media, and journals with the same relevance. In exercising its authority, the Bengkulu Religious High Court prioritizes the principle of justice by maintaining the interests of the child, as well as the principles of balance and proportionality. However, there are several challenges such as the lack of public understanding of children's rights and obstacles in the implementation of Religious High Court decisions regarding the enforcement of children's civil rights. More intensive efforts are needed to provide the public with an understanding of children's rights and to improve the quality of enforcement of Religious High Court decisions to ensure optimal protection of the child's interests following their parents' divorce.
The Maslahah of State Policy in Responding to Unregistered Marriage: Inclusion of Unregistered Marriage on The Family Card Billah, Mu'tashim
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 2 (2023): Vol. 6, No. 2, April 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i2.31138

Abstract

Based on Minister of Home Affairs regulations No. 108 and No. 109 of 2019, unregistered (siri) marriage couples can now record their marriage in the Family Card. This article aims to analyze the policy of issuing Family Cards for unregistered marriage couples using the Islamic jurisprudence (ushul fiqh) approach. This article is a literature study, with data sourced from the Minister of Home Affairs regulations and various related literatures. The obtained data is then analyzed using a normative-philosophical approach, specifically ushul fiqh theories such as the concepts of public interest (maslahah) and preventing harm (adz-dzari’ah). The article argues that in every policy, there will be potential benefits (maslahah) and harms (mudharat). In the policy of recording unregistered marriages, the government needs to close the means that cause harm (saddu al-dhariah) to ensure this policy is not interpreted as a form of legalizing unregistered marriages. The government also needs to open the means that lead to benefits (fathu al-dhariah) so that the goal of fulfilling children's civil rights with the basis of having a birth certificate, and the purpose of the Marriage Law, namely the validity of marriage, can be achieved through the use of unregistered marriage data for expediting the marriage legalization process (itsbat nikah) in Religious Courts. The conclusion of this article is that to achieve the ideal policy objectives, aspects of benefits and harms need to be considered. This article contributes to understanding state policies from the perspective of ushul fiqh and indicates that it remains a relevant approach.
Zakat Literacy Among Indonesian Z Generation: Does Gender Matter? Masrini, Najmi Laili; Medias, Fahmi; Pambuko, Zulfikar Bagus
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 2 (2023): Vol. 6, No. 2, April 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i2.37034

Abstract

Gaps between potential and realization of collection fund ziswaf caused by trust to institution zakat, knowledge about zakat and level of education. Generation Z as a generation that is currently entering productive age and has the potential to be educated to become zakat payers and as a productive group in the field of philanthropy. It is believed that these generation represent a group that is beginning to reach working age and can receive the education required for paying zakat. This research aims to analyze the zakat literacy level of generation Z in Magelang City and Regency. This research was conducted using a quantitative approach. Sample selection was carried out using a purposive sampling technique and a sample of 153 people was obtained through distributing online questionnaires. Hypothesis testing was carried out using quantitative descriptive analysis techniques and independent sample t-test. The research results show that the zakat literacy level of Gen Z is moderate literacy with an average of 75.91. Zakahliteracy is built from two dimensions, namely basic understanding of zakat of 82.01 or high literacy and advanced understanding of zakah of 64.59 or moderate literacy. Furthermore, if we compare the level of zakat literacy based on gender, it is known that there is no significant difference, with a significance value of 0.852, which is greater than 0.05
Islamic Legal Perspective on the Implementation of Online Marriage Contracts during the Covid-19 Pandemic Sujono, Imam; Mangesti, Yovita Arie; Suhartono, Slamet; Kamaruddin, Zaleha
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.27982

Abstract

The validity of a marriage is the fulfillment of the pillars and conditions of marriage as stipulated in Islamic law. One of the pillars currently being discussed is the online Ijab and Qabul (marriage contract), considering the COVID-19 pandemic, there has been much news about online marriage ceremonies due to various constraints. Moreover, technology is becoming increasingly advanced and evolving, making human tasks easier. The aim of this study is to examine the legality of online marriage contracts that occurred during the COVID-19 pandemic. This research uses a qualitative research method with a library research type, referencing journals, articles, and books related to the main theme of online marriage contracts. All references, including legal and non-legal sources, are presented and then analyzed carefully. Scholars and fiqh experts have provided arguments about the validity of marriage through online contracts. According to the scholars, an online marriage contract is valid if what is meant by one assembly is one time, not one place. Thus, after the Ijab is stated, the Qabul must also be stated immediately. The research results show that marriage contracts conducted online during the COVID-19 pandemic are legally valid, thereby contributing to resolving the difficulties faced by prospective brides and grooms in gathering to conduct the marriage contract due to social restrictions. The validity of online marriage contracts represents a legal renewal that previously considered that marriage contracts must be conducted in one place.
Transformation of Prayer Time Schedules: from A Static-Passive to A Dynamic-Variative Perspective Riza, Muhammad Himmatur; Djamaluddin, Thomas; Izzuddin, Ahmad
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.22826

Abstract

Prayer times are extremely important for Muslims, as they serve as a guide for the beginning of prayer times. However, there are still people who do not fully understand the impact of changes in the position of the Sun, which causes the start of prayer times to change daily. Additionally, some people still use perpetual prayer time schedules. Although they use the term "perpetual," in reality, prayer time schedules are not everlasting, as they cannot be used over long periods. This research is a library study with a phenomenological-astronomical approach. The results of this study show that prayer times change every day. Someone who believes that the start of Maghrib prayer is always at 18:00 WIB and the start of Fajr prayer is always at 04:30 WIB may find that on some days, their prayer or fasting is invalid, as the start of Maghrib prayer may occur between 18:01 and 18:08 WIB and the start of Fajr prayer may occur between 04:31 and 04:34 WIB. These changes can serve as an understanding for the community that the correctness of prayer time schedules is not static-passive but dynamic-variable. This means that the start of prayer times each day and year is not always the same as the following days and years, and the changes vary. Therefore, this study provides a scientific guide for the community to better understand and be cautious in using prayer time schedules, considering that the beginning of prayer times determines the validity of a Muslim's prayer.
Analysis of Buying, Selling, and Leasing Virtual Land in the Metaverse: A Perspective from Sharia Economic Law Nurjaman, Muhamad Izazi; Al-Hakim, Sofian; Setiawan, Iwan; Sahid, Mualimin Mochammad
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.22782

Abstract

This research aims to analyze the position of virtual land buying, selling, and leasing practices using cryptocurrency in the metaverse from the perspective of Islamic economic law. This study uses a descriptive analysis method with a normative juridical approach and data analysis techniques through three stages of analysis: focusing the data, presenting the data, and drawing conclusions. The research found that the practice of buying, selling, and leasing virtual land in the metaverse is permissible because it meets the conditions and pillars of a valid contract. The transactions carried out involve intangible assets, namely virtual land and cryptocurrency. In these transactions, there is an expansion of the object of the ijarah (lease) contract, which typically involves the benefit of tangible objects or assets but can also include the benefit of intangible objects or assets, provided that the intangible asset requires another object (a tangible object) or a process that enables the asset to have utility, thus fulfilling the purpose of the contract in accordance with the principles of muamalah maliyyah (financial transactions). The development of the object of the ijarah contract is a scientific contribution to the development of Islamic economic law theory. Therefore, further research is needed on the status of intangible assets as objects of contracts to explore their benefits and legal status in accordance with Sharia principles.
Induction and Its Relevance to the Transformation of Sharia Economic Law in Indonesia: A Study of Four Madhhabs Hidayat, Enang
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.28692

Abstract

This research aims to determine the existence and urgency of induction in the methodology of Islamic law of the four schools of jurisprudence and its relevance to the transformation of Sharia economic law in Indonesia. This study falls under the category of normative Islamic legal research using a conceptual and philosophical approach. Primary data is sourced from the foundational books of Islamic jurisprudence of the four schools: "al-Mahsul" by Al-Razi (Shafi'i), "Syarh Tanqih al-Fusul" and "al-Furuq" by Al-Qurafi (Maliki), "Taqrib al-Usul" by Ibn Juzay (Hanbali), and "Al-Muwafaqat" by Al-Shatibi (Maliki). The data is analyzed comparatively and prescriptively using inductive logic and reasoning. The research demonstrates that the existence of induction in the methodology of Islamic law among the four schools is most prominent as Islamic legal inference (istidlal). The urgency of induction as a methodology in Islamic law is relevant to efforts to transform Sharia economic law within Indonesian law. There are four principles of jurisprudence as products of Islamic thought influenced by inductive logic, which legitimize the fatwas of the National Sharia Board of the Indonesian Ulema Council (DSN-MUI), such as Fatwa No. 135/DSN-MUI/V/2020 on Shares, Fatwa No. 116/DSN-MUI/IX/2017 on Sharia Electronic Money, Law No. 41 of 2004 on Endowments, Article 16 paragraph (3) concerning endowed property such as money, and Supreme Court Regulation No. 2 of 2008 on the Compilation of Sharia Economic Law, Articles 112-115 (Book II) regulating Bai al-Wafa. This research can enhance understanding of inductive logic in Islamic law within Islamic higher education institutions as well as for Sharia Courts and the fatwas of the DSN-MUI.
Reconstructing Zakat Management Through Political Culture: Insights from Madura Dikuraisyin, Basar; Najah, Ahmadun
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 2 (2024): Vol. 7, No. 2, April 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i2.33734

Abstract

The gap between the potential of zakat funds and the reality of zakat collection is caused by the lack of trust and awareness among the community. This research aims to provide a solution through cultural reconstruction in zakat execution. This reconstruction is called cultural politicization, which combines social theory and legal institutions. Furthermore, this reconstruction generates an ideal organizational relationship proposal for zakat management institutions and reduces social non-compliance. By conducting in-depth interviews with zakat institutions (BAZNAS and LAZIZNU) in Sumenep Regency, Madura, using a qualitative-phenomenological approach, this research is based on legal sociology focusing on zakat culture and institutional relations. This research yields findings, namely the cultural construction in zakat law implementation consists of three aspects; 1) authority construction, where zakat collectors ranging from BAZNAS, LAZ to individual collectors (kiai, ulama, ustad) compromise the roles, with kiai and ulama as zakat collectors and BAZNAS as partners. 2) personal community construction, making the community as the subject of empowerment for productive fund programs and supportive stakeholders. 3) literacy-stigmatization construction, where the community is made as members of partner organizations of zakat collectors. Another finding is that the development of zakat management organization (OPZ) relations involves making BAZNAS, LAZ, and individual collectors as business partners who cooperate. This study also implies that BAZNAS acts as a regulator and formulator of productive zakat programs, while LAZ and individual collectors act as operators who carry out zakat management functions from collection to distribution and implement productive zakat utilization programs.

Page 10 of 13 | Total Record : 126