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Mohammad Noviani Ardi
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Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
Published by Universitas Islam Sultan Agung
ISSN : 25976168     EISSN : 25976176     DOI : https://doi.org/10.30659/jua.v%i%
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
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
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The Role of Traditional Kyai in Mitigating Early Marriage in Indonesia: An Analysis of a Social Phenomenon within the Maslahah Framework Masiroh, Siti; Harisudin, M. Noor; Ridlo, Mokhamad Ali
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.42330

Abstract

Early marriage is currently a significant concern in developing countries, such as Indonesia. Attention has been directed towards the causes and effects of the high prevalence of early marriage. Various government agencies, community leaders, traditional leaders, and religious leaders have implemented efforts to prevent early marriage; however, these initiatives have not succeeded in significantly reducing its incidence. This study examines the social phenomenon of a Kyai in Lamongan Regency, East Java Province, Indonesia, who plays a pivotal role as a religious figure in the prevention of early marriage. This research adopts a qualitative methodology employing field research methods. Primary data sources were obtained from relevant agencies in Lamongan Regency, the Kyai as an actor, santri (Islamic students), parents of santri, and the broader community. Data collection was conducted through structured interviews, participatory observation, and documentation. The research data were subsequently analysed using functional structure theory and Islamic law, particularly focusing on the aspect of maslahah (public interest). The findings of this study indicate that the role of the Kyai as educators and charismatic religious figures has positively impacted the reduction of early marriage rates in Lamongan. Furthermore, the social role of the Kyai is inextricably linked to their position as figures who encourage the community to foster a conducive environment for the development of the younger generation. The strategies devised by the Kyai include the design of a curriculum that encompasses material on marriage, the provision of guidance to the guardians of Islamic boarding school students, and the organisation of religious lectures for the general public. This study presents a functional structure model that operates effectively and advocates for local governments to optimise the role and function of the Kyai in the prevention of early marriage in Indonesia.
The Significance of Maslahah as a Legal Consideration in Family Inheritance Mujab, Sayful; Rahma, Nabila Luthvita
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.37226

Abstract

This study aims to examine the significance of maslahah (benefit) as a legal consideration in family inheritance, with a specific focus on the principal issue of how the practices of division and transfer of family inheritance occur in Margoyoso Village, Kalinyamatan District, Jepara Regency, and the relevance of the principle of maslahah as a foundational legal consideration. In alignment with the focus of the problem, this study is classified as field research employing a qualitative approach based on case studies. Data were collected through in-depth interviews using a semi-structured method with eight informants, comprising heirs, religious and community leaders, notaries, and advocates. The findings of the study suggest that the transfer of inheritance rights within the distribution of family inheritance in Margoyoso Village, Kalinyamatan District, Jepara Regency, reflects values of social justice and humanity. The transfer of inheritance rights, conceptualised as a gift from an Islamic legal perspective, indicates alignment with the principle of maslahah. However, the findings also reveal weaknesses in the formal legal aspect, particularly when viewed through the lens of the Indonesian Civil Code, as the process of transferring inheritance rights is predominantly conducted through verbal agreements, which may potentially lead to future conflicts. This study advocates for the development of discourse on the integration of Islamic law and positive law, specifically concerning the transfer of inheritance rights within the distribution of family inheritance. Furthermore, it aims to serve as a reference for the government in formulating legal policies that emphasise the integration of maslahah theory in Islamic law with benefit theory in positive law, in order to uphold justice, legal certainty, and the continuity of family relationships.
The Role of Women's Equality in Government Programs: An Analysis from the Perspective of Qira'ah Mubadalah Najib, Afifun; Sugianto, Sugianto; Setyadi, Yusuf
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.48460

Abstract

Women are frequently marginalised as a gender that receives less recognition in social life, particularly within patriarchal societies. In comparison to men, women experience inequality across various domains, both in societal contexts and within governmental structures. This phenomenon underscores the inherent injustices present in the dynamics between women and men. However, this does not imply that women's opportunities to assume leadership roles are entirely obstructed. This paper utilises the Qira'ah Mubadalah perspective, which emphasises the values of equality and justice for women, thereby advancing the role of equality between women and men. This research is qualitative in nature and employs an empirical-sociological approach. Primary data sources were obtained through field interviews, while secondary data were sourced from academic journals, implementation guidelines for the Family Hope Program, and relevant legislation. Data collection techniques included in-depth interviews conducted through direct fieldwork. The interview data were subsequently analysed using the Qira'ah Mubadalah framework. The findings indicate that women play a crucial role in the government's Family Hope Program (PKH). This is evident in the promotion of women's equality or reciprocity within PKH beneficiary families, the advancement of gender equity for women in the division of household responsibilities, and the reinforcement of equal relationships between men and women in the public sphere. Furthermore, this research contributes to enhancing public understanding and improving family law literacy. This paper may also pave the way for further exploration of the role of women's equality in other strategic government initiatives.
Non-Muslim Divorce Practices in Indonesia: An Examination of Court Procedures and Religious Norms in the Light of Islamic Law Abdoeh, Nor Mohammad; Riyanta, Riyanta; Wahyuni, Sri
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.47045

Abstract

In countries with a Muslim-majority population, legal systems often distinguish between Muslims and non-Muslims, particularly in matters of marriage and divorce. This differentiation creates a structural gap for non-Muslims seeking justice in divorce proceedings, as their rights are frequently not accommodated on an equal basis. The primary objective of this article is to examine the application of Haqq al-Insani al-Asasi within non-Muslim divorce cases in Indonesia, focusing on the implementation of the core Islamic values of justice (al-'adl), equality (al-musawah), and human dignity (karamah insaniyyah). This research employs a qualitative prescriptive design with a normative-juridical approach, drawing upon both literature review and judicial decisions as primary data sources. The study analyses 18 District Court rulings from various regions, including Semarang, Salatiga, Cirebon, Kediri, Magelang, Singkawang, Bekasi, and Manado, to assess how Indonesia’s pluralistic legal system accommodates minority rights within its judicial structure. The framework of Islamic Legal Thought concerning justice, equality, and human dignity serves as the methodological tool for analysing the findings, with data primarily derived from official court documents. The results reveal that the application of Haqq al-Insani al-Asasi in non-Muslim divorce cases remains procedural and formalistic, falling short of achieving substantive justice. Court decisions tend to emphasise factual and administrative aspects while neglecting the moral and theological dimensions inherent in the institution of marriage. This leads to a moral legal dissonance, whereby non-Muslim litigants obtain legal certainty but remain spiritually bound according to their faith traditions. The study identifies three primary challenges: the gap between positive law and religious morality, the structural inequality of Indonesia’s dual-court system, and the limited ethical and spiritual sensitivity in judicial reasoning. These findings underscore the need for a more inclusive, human-centred, and substantively just legal reform that bridges state law and moral theology within Indonesia’s pluralistic judicial context.
Legal Literacy and Cultural Awareness in the Inheritance System: An Islamic Law Study of Indigenous Muslim Communities in West Nusa Tenggara Hasanah, Siti; Hayati, Mardiyah
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.47091

Abstract

The variation in inheritance practices among indigenous Muslim communities in West Nusa Tenggara (NTB) Indonesia reflects a dynamic interaction between Islamic legal norms and local traditions. Although the Islamic inheritance law system (faraid) is widely recognised, its implementation is often adapted to customary values and family deliberation to preserve social harmony. This raises the question of how legal literacy and cultural awareness influence the choice of inheritance systems. This study analyses the dynamics of legal literacy and cultural awareness in the inheritance practices of the Sasak, Samawa, and Mbojo peoples. A qualitative approach with an exploratory case study design was employed to examine the interaction between Islamic legal principles and customary values. Data were obtained through in-depth interviews with customary leaders, religious figures, heirs, and village officials, supported by customary law documents, inheritance records, and academic literature. The data were analysed inductively using reduction, categorisation, and thematic interpretation based on the theories of legal pluralism, the objective of Islamic law (maqhasid al-syari'ah), and valid custom ('urf sahih). The findings reveal that varying levels of legal literacy shape contextual interpretations of Islamic inheritance law. The integration of maqhasid al-syari'ah and 'urf sahih preserves protection of wealth (hifz al-mal) and preservation of lineage(hifz al-nasl), demonstrating that Islamic law adapts to local socio-cultural contexts. The novelty of this research lies in mapping the interrelation between legal literacy, cultural awareness, and inheritance practices as a form of community-based on collective legal reasioning (ijtihad jama'i). Scientifically, this study strengthens Islamic legal pluralism, enriches the anthropological approach to Muslim family law, and recommends enhancing community-based legal literacy and contextual inheritance mediation.
The Practice of Hilah in Contemporary Islamic Transactions and Finance: Between Legal Engineering and Sharia Objectives Sunaryo, Agus; Zain, Muhammad Fuad; Rajafi, Ahmad; Zein, Anwar
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.47682

Abstract

Hilah is one of the essential concepts in the corpus of Islamic law, referring to a legal strategy employed to circumvent specific prohibitions without explicitly violating the textual provisions (nash). In the contemporary context, particularly within Islamic commercial law and modern Islamic finance, the concept of hilah has been extensively applied in financial products such as murabahah, tawarruq, and ijarah muntahiyah bi al-tamlik. This article aims to critically examine the implementation of hilah in modern Islamic economic practices and assess its alignment with maqashid sharia. The research adopts a normative juridical approach, employing content analysis of classical fiqh literature, contemporary fatwas issued by authoritative bodies such as the National Sharia Council-Indonesian Ulema Council and the Accounting and Auditing Organizations for Islamic Financial Institutions (AAOIFI), along with case studies from Islamic financial institutions. The findings reveal that although hilah may serve as a flexible legal instrument that offers certain benefits (maslahah) under specific circumstances, its manipulative use, particularly when driven solely by economic gain, can undermine the integrity and spirit of Islamic law. In practice, excessive reliance on hilah risks disguising forms of usury and compromising core principles of Islamic finance, such as justice, transparency, and protection for vulnerable parties. Therefore, strengthening regulatory and ethical frameworks in the development of Islamic financial products is imperative. Emphasis must be placed on a maqashid-oriented approach in assessing the validity of contracts, considering both formal legal compliance and substantive ethical and economic impact. This article recommends formulating fatwa guidelines grounded in maqashid and enhancing sharia literacy among practitioners in Islamic finance.

Page 13 of 13 | Total Record : 126

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