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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 118 Documents
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Division the Husband and Wife Roles to Live a Domestic Life During the Pandemic Covid 19 in the Mubadala Perspective Nur Lailatul Musyafaah; Yeni Novitasari; Tri Leli Rahmawati
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 1 (2021): Vol. 5, No. 1, Oktober 2021
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i1.16118

Abstract

This article discusses the division of roles between husband and wife during a pandemic in the Mubadalah perspective. Due to the coronavirus, there are changes in social life, including family life, which impacts the division of roles between husband and wife in domestic life. The Mubadalah is a concept that discusses gender equality by emphasizing the principle of mutual benefit from two people who are related. Women and men have the same rights and opportunities to take part in the public and domestic sphere and take advantage of all life aspects. This research aimed to determine and analyze the division of roles between husband and wife during the pandemic from the Mubadalah perspective. This research was qualitative field research. The data was collected through interviews and documentation, then analyzed with deductive reasoning. This research concluded the roles of husband and wife in the family during this pandemic were according to the agreement between husband and wife in the economy, educate children, fand house chores. That was based on the conditions and situations faced by the couple. The husbands’ role was still dominant in economic fulfillment. However, it did not prevent the wives from helping and supporting the family economy. Conversely, educating children and house chores was still dominated by the wives, although it did not prevent the husbands from taking part in informing the children and house chores. It shows that the concept of Mubadalah has not been applied to the division of roles between husband and wife in the family during the pandemic because both husband and wife should have equal rights and opportunities in carrying out activities in the domestic and public sphere.  
Halal Certification in Used Goods Products in the Perspective of Islamic Law Suhri Hanafi; Muhammad Syarif Nurdin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 1 (2021): Vol. 5, No. 1, Oktober 2021
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i1.16051

Abstract

This study aimed to assess the halal certification of utilized goods from the perspective of Islamic law. It is qualitative field research. The purposive sampling technique was used to gather two informants for this study. The primary data used in this study were from the results of interviews with research subjects. Meanwhile, the secondary data were secondary sources of books, journals on halal products, and other books relevant to the study issue. In-depth interviews and tracking documentations were employed to gather the data. Data analysis involved data condensation, data presentation, and conclusion drawing. Based on the field study results, halal certification on utilized goods is intended to provide benefits by emphasizing precautionary principles. Furthermore, numerous phases of time are applied to utilized goods before they are required to be labeled halal. They have to follow the halal procedures referred to the LPPOM MUI halal assurance system to receive a halal certificate. According to a review of Islamic law, halal certification on utilized goods follows the principles of Islamic law stipulation, which is to provide benefits. The benefits are generated at the hajiyat (secondary) level. Furthermore, the Islamic law's conformity to halal certification of utilized goods is indicated in the fulfillment of basic principles of Islamic law. They are the principles of justice, legal certainty, practicality, monotheism, freedom, and gradual law stipulation.
Settlement of Dispute on Murabahah Financing with Default Customer Nawir Yuslem; Mhd. Yadhi Harahap; Darmansyah Hasibuan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 1 (2021): Vol. 5, No. 1, Oktober 2021
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i1.17391

Abstract

This research is an Islamic law research that discusses the settlement of murabahah financing disputes with defaulting customers with a case study on the Supreme Court of the Republic of Indonesia Number: 649 K/AG Year 2017. The research model (mode of inquiry) of this study is qualitative. The preliminary step in this research is a conceptual approach with normative legal research methods. This study uses the theory of mashlahah: applicative theory is used in analyzing the data of this study and in the end this study shows that there is still a deviation between the provisions of murabahah financing and the concept of fiqh but to avoid this deviation, the wakalah system is made. The Supreme Court's decision Number 649 K/AG/2017 does not reflect a fully progressive decision, for the bank and also for the customer, the decision has not received a value of benefit, because the Supreme Court judge does not give a time limit to customers who are considered unable to make payments in accordance with the agreement (default) to reschedule (rescheduling), in the absence of such a time limit, provides an opportunity for customers who are in default to prolong the delay in payment so that this can be detrimental to the bank.
Liminality Rituals of Interfaith Families: Symbolic Interactionism and Maqāshid Sharia Perspectives Muhammad Chairul Huda; Ilyya Muhsin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.20488

Abstract

This study aims to determine the dynamics of life cycle liminality rituals in interfaith families in Salatiga City and their meanings. This study used a qualitative approach with socio-juridical (socio-legal) methods. This fieldwork was conducted on interfaith families in Salatiga City. The results of this study revealed that interfaith marriages in the Salatiga City people, from the perspective of symbolic interactions, involved the mind, self, and society. The actors were influenced by interactions with other individuals and tried to share meaning with society. The cognition construction of interfaith family actors paid attention to the dimensions of society that demand the legality of a marriage. In the ritual act of liminality in the life cycle, interfaith families in Salatiga City had a fairly large tolerance. It was marked by the freedom of family members to perform rituals, whether they came from tradition or religion. In the context of maqāshid sharia, the concepts of hifdzun nafs, hifdzud dīn, hifdzun nasbi wa nasl, hifdzul māl, and hifdzul aql could be maintained as long as there was no coercion from other parties. Thus, freedom of worship and carrying out religious rituals is absolutely necessary.
Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata T. Wildan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.19633

Abstract

This study aims to answer the main problem, how the position of the father as the heir according to Syāfi’īyah jurisprudence and KUHPerdata and why there is a difference in place between the two. This research is a library research study using a qualitative approach with a comparative descriptive method. The results show a difference in the father's position as the heir in Syāfi’īyah jurisprudence and KUHPerdata. In Syāfi’īyah jurisprudence, the father has a definite place as mentioned in Surat An-Nisa’:11, namely as żawil furūḍ when together with the descendants of the heirs both men and women, as' ‘aṣabah if there are no children and as żawil furūḍ and ‘aṣabah when together with a daughter. The father is in the same position as the heir's descendants without being hindered by any heir. While KUHPerdata father's position as the heir is classified in group II, the new father has the right if the heir of the first group no longer exists. The father does not become an heir and the descendants of the heir because the father is equated with a brother even though the father is in the first degree, which is the same as the descendants of the heirs.
Family Resilience of Jama'ah Tabligh: Implementation Study of the Dimensions of Legality, Household Wholeness and Gender Partnerships Ibnu Radwan Siddik; Pagar Pagar; Dhiauddin Tanjung
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.20544

Abstract

In recent times, family resilience discourse has become a serious concern of the government, members of parliament and observers of Islamic family law in Indonesia. The higher the rate of divorce that occurs in the community, is a form of weak and fragile family defense joints. This paper will examine the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership. Then, this paper will also elaborate on the influence of Jama'ah Tabligh activities in the formation of family resilience among Jama'ah. This research is empirical juridical research using the approach of legal sociology and legal anthropology. Research data is analyzed using qualitative methods. Primary data sources are obtained from in-depth interview results from selected respondents using the snowball method. The results showed that the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership was well implemented and indicated strong and resilient family resilience. This is evidenced by the high percentage of family fulfillment of respondents in the ownership of marriage certificates, child birth certificates, togetherness in the family, spousal partnerships, financial management openness and family decision-making. Jama'ah Tabligh activities greatly affect the formation of family resilience along with the stronger family members in practicing religious values both personally and together. The results of this study can be a consideration for national policy holders in realizing family resilience nationally.
The Role of Religious Organizations in Child Marriage Prevention and Handling during Pandemic Siti Rofiah; Moh. Fauzi; Fakih Muqoddam
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.18508

Abstract

In Indonesia, religious leaders are in a strategic position. Their existence can affect people's lives in various aspects, not least in the context of marriage. During the COVID-19 pandemic, the number of child marriages in Central Java rose sharply. Based on the background above, the questions are how religious leaders view this problem and what the roles to be performed in the context of prevention and treatment. This type of research is field research with a qualitative approach. The data collection technique is done by interview and documentation. The informants are administrators of two major religious organizations in Indonesia, namely NU and Muhammadiyah. The results showed that; First, the existence of religious organizations did not have a significant role in preventing and handling child marriage cases in Central Java. Secondly, the existence of religious organizations has no relevance to the high and low rate of child marriage in Central Java. Third, the existence of religious leaders is still seen as having authority in the community to support the success of the prevention and handling of child marriage programs
Class Action as a Strategy for Saving Waqf Land Assets in Indonesia Rimanto Rimanto; Kholid Hidayatullah
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.19636

Abstract

The legal events of waqf that take place are often not accompanied by awareness of an accountable administration, thus triggering the heirs to take back the waqf assets on the grounds that the assets are the personal assets of their parents. From this case, it is necessary to have a legal breakthrough, so that the waqf assets remain public assets, so that the eternal value of the waqf will continue to be maintained. This research is focused on finding the construction of salvage waqf assets that do not have adequate legality from reclaiming efforts by wakif heirs. The purpose of this study is to find out what regulations regulate waqf land objects for which there is no formal legality and to find legal procedures that can be used to maintain waqf land for which there is no formal legality in order to maintain its immortality aspect. The method used is qualitative analysis and the results are presented descriptively. The constructive pattern of saving waqf assets is by looking for legal opportunities or ways that can be taken by the community or community groups, by examining several Supreme Court regulations, the Law of Religious Courts Procedure, and Law Number 41 of 2004 concerning Waqf, as the primary data source. Based on PERMA No. 1 of 2002, PERMA regulates the mechanism for class action with civil proceedings that have the right to provide procedural rights for a person or group to become a plaintiff in order to fight for disputes that cause harm and suffering to many people. The results of the study concluded that class action is an alternative procedure that can be used as a solution in saving waqf assets acquired by wakif heirs, due to the absence of adequate waqf evidence
The Use of Ihtiyat Data in Prayer Time Hisab: Perspectives on Islamic Law Sayful Mujab; Muslich Shabir
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.20699

Abstract

The Salat in Islam cannot be separated from the time of Salat. Although the procedure for determining Salat times is not explained detailly in the Qur'an, doing Salat should not be arbitrary, especially regarding time. One of the important elements in determining Salat times, one of which is data of ihtiyat. Addition the data of ihtiyat is purpose the calculation results can cover the areas around the markaz. This study reveals a perspective of Islamic law on the addition the data of ihtiyat in determining the initial Salat time. The use of ihtiyat time is very important for anyone who does the reckoning at the time of Salat. However, in Islamic law, there is no legal certainty and there are no scholars who specifically discuss this matter. In a review of Islamic law, the time of ihtiyat in a review of Islamic law can be categorized as wasilah for the purpose that it is a condition of Salat. And it is knowing the time of Salat. Therefore, using ihtiyat time can be categorized in mandatory law because it is a means of something that is obligatory while there is no specific argument for its use. The use of ihtiyat time is in order to accommodate the interests of Muslims who are in certain areas that have a relatively wide expanse.
Dispute Resolution of Marriage Cancellation through Religious Court Decisions in Indonesia Mhd. Yadi Harahap
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.22473

Abstract

The provisions of Article 22 of Law no. 1 of 1974 concerning Marriage that a marriage can be annulled if the parties do not meet the requirements to enter into a marriage. Unlike the case with a marriage that does not fulfill the pillars of marriage, the consequences of the marriage are invalid and null and void, meaning that the marriage is considered to have never existed. In the context of Islamic law there is a typology of types of marriage. First, a marriage is considered valid if the conditions and pillars of marriage are met. Second, if one of the pillars of marriage is not fulfilled then the marriage is considered invalid. Third, if one of the conditions for marriage is not fulfilled, the fasid marriage can be annulled. How is the resolution of the dispute over the annulment of marriage and the legal consequences of the annulment of the marriage. Empirical research methodology is a method used to answer the above questions, using a statutory and case study approach. While the data sources used consist of primary, secondary and tertiary legal materials using qualitative descriptive analysis. There are at least three legal consequences of resolving disputes over marriage cancellations, namely: the position of the child remains as a legitimate child, joint property can be divided if the marriage is based on good faith, and the husband is not obliged to provide a living for his wife during the iddah period.

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