cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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
 6   7   8   9   10 
Islamic Family Law Reform in Indonesia Through Supreme Court Circulars: A Maqasid Sharia Perspective Arrasyid, Fauzan; Pagar, Pagar; Tanjung, Dhiauddin
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.v6i2.29236

Abstract

From 2012 to 2022, the Supreme Court of the Republic of Indonesia has issued ten new regulations through Supreme Court Circulars (SEMA) resulting from Plenary Chamber Meetings, which have produced 458 new legal rules. Among these new legal rules, 109 govern Islamic civil law, indicating that SEMAs represent another variation in the efforts to reform Islamic family law in Indonesia. This research aims to examine the existence and efforts of Islamic family law reform in Indonesia from the perspective of maqasid sharia according to contemporary scholars. This research uses a mixed-method approach, employing both statutory and conceptual approaches. Primary data sources consist of SEMAs from 2012 to 2022, and secondary data consist of legal regulations related to issues of Islamic family law, which are analyzed. The theory used for data analysis is the theory of maqasid sharia. The results of this research show that the reform of Islamic family law regulations in Indonesia through SEMAs from 2012 to 2022 is integrative with maqasid sharia. The regulations issued in SEMAs have fulfilled six aspects of maqasid sharia, namely: (a) aspects of faith, creed, and monotheism; (b) aspects of human nature and moral improvement; (c) aspects of common sense and legal contextualization; (d) aspects of human rights, freedom, equality, justice, and women's rights; (e) aspects of good order and civilization; (f) aspects of public interest (maslahah)
Tracing the Development of Islamic Economic Thought in the Abbasid Era: The Legacy of Umar bin Khattab Mujib, Ahmad; Aziz, Abdul; Madrah, Muna Yastuti; Wahid, Zawawi Abdul
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.v7i2.37059

Abstract

The expansion of Islamic territories during the time of Umar ibn Khattab led to increasingly complex problems, especially in the economic field. During this period, Umar ibn Khattab introduced remarkable, though sometimes controversial, policies. These policies and ideas were extensively studied by scholars during the Abbasid Caliphate and became the foundation for the development of Islamic economic thought. This article reveals several areas where the study of Islamic economics made significant progress. It is based on a literature review using primary sources such as the books of Ali Muhammad As-Shalabi and Jaribah bin Ahmad Al-Haritsi, utilizing a historical approach. The research results show a strong scholarly tradition, accompanied by the documentation of many accounts from Umar ibn Khattab, especially in the domains of kharaj, ‘usyr, jizyah, and the institution of al-hisbah. This demonstrates that Umar ibn Khattab laid the intellectual foundations in the fields of economics and Islamic jurisprudence. During that time, scholarly studies on economics continued to develop. The books discussed by scholars of that era covered various aspects of Islamic economic thought, all of which were closely related to the government
Analysis of Fatwa Regarding Sharia Credit Cards and Their Relevance to the Development of Islamic Banking in Indonesia and Bahrain Ramadhan, Suci; Rambe, Toguan; Hasibuan, Badai Husain; Harahap, Abdul Aziz
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.v7i1.23425

Abstract

This research aims to analyze fatwas on Sharia credit cards and their relevance to the development of Islamic banking in Indonesia and Bahrain. This qualitative study uses a text and context approach. The main data used are fatwas from DSN-MUI and the Sharia Supervisory Board of Bank Islam Bahrain regarding Sharia credit cards, supported by books, scientific articles, and reports on the development of Islamic banking. Data were collected through documentation techniques and analyzed using descriptive analysis. This study concludes that Sharia credit cards, as outlined in the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) and the Sharia Supervisory Board of Bank Islam Bahrain (SSB-BIsB), are permissible as transaction tools based on legal principles, contract provisions, wage and service provisions, penalties, and limits in accordance with Sharia principles. Specifically, in Bahrain, fatwas must refer to the standards of the Accounting and Auditing Organization for Islamic Finance Institutions (AAOIFI). Currently, the use of Sharia credit cards in Bahrain is experiencing significant growth, while in Indonesia, public interest in using Sharia credit cards remains relatively low. The findings of this research can serve as policy studies for fatwa institutions and Islamic banking to enhance the growth of Sharia credit cards as a Sharia financing instrument for the public, particularly in Indonesia.
Hajj Financing Models: Fiqh Analysis of Payment Contracts for Hajj Funds at the Ministry of Religious Affairs in Indonesia Jamal, Mulyono; Zahro', Khurun'in; Nugraheni, Nuriwanda Azizah; Cahyo, Eko Nur
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.v7i2.28677

Abstract

Hajj is an act of worship that completes the fifth pillar of Islam for a Muslim and is performed by those who are able. In its implementation in Indonesia, the hajj is organised by the Ministry of Religious Affairs (MORA) of Republic of Indonesia, including the offices of MORA in every city throughout Indonesia. The contract used during the registration of prospective pilgrims is a wakalah contract, but when they attend to the bank, the bank requestions what kind of contract will be employed whether wadi'ah or murabahah. This research is purposed to reveal the repayment contract for prospective pilgrims and analyse the principle of the contract applied in the repayment of funds for prospective pilgrims. The type of research used is field research with qualitative methods using descriptive analysis. The primary data sources in this research are obtained from the MORA of the Republic of Indonesia, while the secondary data was attained from journals or research related to the hajj financing model, then descriptive analysis of the data as material for the research findings. There are two findings in this research, firstly, the contract on the repayment of funds for prospective pilgrims, starting from the wakalah contract between prospective pilgrims and the MORA, this contract will take effect after the repayment of funds for prospective pilgrims. Secondly, the fiqh analysis of the principle of the contract applied to the repayment of funds for prospective pilgrims is wakalah and is appropriate as it should be. Even so, the MORA must also cooperate with stakeholders in providing the best service to hajj pilgrims so that they can perform the worship in holy lands (Madina and Mecca) comfortably and solemnly.
Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma Bachri, Syabbul; Sudirman, Sudirman; Zuhriah, Erfaniah; Ramadhita, Ramadhita
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.v7i2.35041

Abstract

Islamic inheritance law is stigmatized due to its rigidity and conservativity. The rigidity and conservatism of Islamic inheritance can be seen in the view that Islamic inheritance rules cannot be changed or modified. In addition, the assumption of Islamic inheritance rules does not consider the social developments that occur over time. This research aims to explore how Islamic inheritance law is applied in Indonesia and how contextualization is carried out in response to existing stigma. This research employs a qualitative study with a normative juridical approach. The research data is derived from documents and texts on Islamic inheritance law and concrete cases of contextualization of Islamic inheritance law in Indonesia in different situations and contexts. The data are analyzed using descriptive interpretative techniques with the application of Amina Wadud's hermeneutics of tauhid. The research findings indicate that Islamic inheritance law in Indonesia has undergone contextualization, thus negating the negative stigma attached to Islamic inheritance. Contextualization is achieved by understanding and advocating Islamic inheritance law in the Indonesian context, reconstructing the basic concepts of Islamic inheritance law according to the Indonesian context, and promoting the resolution of inheritance conflicts through consultation and mediation. This research offers a model of inheritance division applied in Indonesia that is contextual and flexible based on Amina Wadud's hermeneutics of tauhid.
Simplified Lawsuits in Dispute Resolution Within Sharia Economic Law in Indonesia Solihin, Dadin; Setiadi, Setiadi; Bunyamin, Bubun; Yusup, Deni Kamaludin; Ridwan, Ahmad Hasan
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.v6i1.37265

Abstract

This research is based on the numerous disputes in Sharia economic law within Sharia Business Financial Institutions, legal aid in the field of Sharia economic law, and civil matters that have not been well resolved. The Regulation of the Supreme Court of the Republic of Indonesia (PERMA RI) No. 4 of 2019 regulates the resolution of Sharia economic law disputes in a simplified manner. However, the socialization of this regulation to the public is still lacking, causing frequent obstacles in the implementation of this PERMA RI. This research is a literature study with a juridical approach aimed at analyzing the implementation of PERMA RI in the resolution of Sharia economic cases. The primary data in this research includes PERMA RI No. 4 of 2019, PERMA RI No. 14 of 2016, PERMA RI No. 2 of 2015, and PERMA RI No. 1 of 2016. Several relevant cases are used as important data to analyze the implementation of these regulations. The results of this research show that the process of simplified lawsuits in the resolution of Sharia economic disputes, which is expected to be easier, faster, and cheaper in court, has not been realized in accordance with PERMA RI. This needs to be a concern for the Supreme Court because most Sharia economic dispute cases involve companies and the public. If the Supreme Court regulations are not properly implemented in court proceedings, it will create a space for injustice. Therefore, the socialization of these Supreme Court regulations needs to be enhanced by academics and practitioners so that their implementation in the future can be better.
Examining the Ethical Considerations of Placing Elderly Parents in Nursing Homes: A Perspective on Maqasid Sharia and Social Welfare Helim, Abdul; Syarifuddin, Syarifuddin; Suradilaga, Aris Sunandar
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.v6i2.30584

Abstract

The objective of this study is to examine the legal status of parental care in juvenile homes, which continues to be a source of contention within the community. Some view the act as an act of disobedience, while others view it from a different perspective. The theoretical framework employed to investigate this issue is the theory maqasid sharia. The rationale for this approach is that it is considered to be a relevant methodology, and no other research has been identified that employs this theory. This type of research is normative legal research, which involves the examination of primary legal materials pertinent to the research. The results of this study indicate that entrusting parents to juvenile homes does not necessarily imply a rupture in the relationship between children and parents. Instead, it allows for the maintenance of positive relations with parents while avoiding the negative consequences of neglecting them. Consequently, this study aligns with maqasid sharia including the protection of parents' lives (hifz al-nafs), enabling parents to focus on worship (hifz al-Din) safeguarding against negative thoughts between them (hifz al-‘aql), pertains to the avoidance of children doing wrong if they gather in the same house (hifz al-Nasl) and encompasses the maintenance of good relations between parents and children as an asset (hifdz al-mal). The results of this study are undoubtedly contentious, particularly when viewed through the lens of divergent trends. Nevertheless, the findings of this study can serve as a reference point to prevent the immediate assumption of unfaithfulness in children who leave their parents in nursing homes.
Exploring Customary Law: Perspectives of Hazairin and Cornelis Van Vollenhoven and its Relevance to the Future of Islamic Law in Indonesia Tohari, Ilham; Rohmah, Siti; As-Suvi, Ahmad Qiram
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.v7i1.32600

Abstract

The difference between Islamic law and Western law in viewing customary law is the core problem that forms the background of this research. This article aims to explore in-depth Customary Law from the perspectives of Hazairin and Cornelis Van Vollenhoven and its relevance to the future existence of Islamic law in Indonesia. This research is a literature study applying a qualitative Juridical-Normative approach. The primary sources for this research are the original works of Hazairin (Tujuh Serangkai tentang Hukum dan Hazairin, Hukum Kewarisan Bilateral Menurut al-Qur’an dan Hadith) and Van Vollenhoven (Het Adatrecht Van Nederlandsch-Indie and its translated version, Van Vollenhoven on Indonesian Adat Law). The secondary sources are all references relevant to the topic of the article. Comparative analysis is used in analyzing the data. The research findings explain that, according to Hazairin, customary law can be applied anywhere as long as it does not contradict Islamic law. In contrast, Van Vollenhoven argues that customary law does not need to consider religion because all humans have equal rights before God, thus rejecting or eliminating customs or traditions is considered undignified. The formation of national law due to culture and tradition is an important part of society. This research provides a conceptual historical-theoretical narrative related to customary law in Indonesia. Despite having different perspectives on customary law, both Hazairin and Van Vollenhoven share the vision that customary law should be made into positive law. Therefore, the existence of customary law needs to be considered by lawmakers to become national positive law.
Differences in Determining Ramadan and Shawwal: A Discourse Analysis of the Book Nusus al-Akhyar fi al-Shaum Wa al-Ifthar Ningsih, Ika Wahyu; Febriyanti, Fitri; Rizki, Iqbal Ainur
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.v6i2.24166

Abstract

The phenomenon of differences in the implementation determination of Eid al-Fitr in 1418 H was regretted by the Indonesian people. Responding to the emergence of differences in the determination of 1418 H, KH Maimoen Zubair through his work Nusuus al-Akhyar fi Al-Shum wa Al-Iftihar intends to provide solutions to Muslims in Indonesia in facing the differences surrounding the determination of Eid al-Fitr. This type of research is qualitative research with the research approach used being discourse analysis initiated by Van Dijk. The data used in this study consisted of primary data and secondary data. Primary data are in the form of lexemes, words, phrases, and sentences in Arabic that contain ideas about the determination of the beginning of the month of Ramadan and Shawwal in the book. Secondary data come from sources, journals, print media, online journalism, and other scientific works to find out the context of social situations that can influence the writing of the book. Data collection methods in this study are interviews and literature study. The results showed that the linguistic aspect that stands out in the discourse of persuasion is the invitation to promote unity in the midst of controversy over differences in each group; the author's ideology appears in the title, the lexemes "judge" and "hilal"; the pronouns of the time and person in the text indicate that there is a different social context from the current condition. The social conditions that appear in the book are the differences in the method of determination by Indonesian Mass Organizations and the emergence of certain polemics in 1998.
Analyzing Court Decisions on Interfaith Marriage: A Maqasid Sharia Perspective Putri, Allysa Novita; Nur, Iffatin
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.v6i1.35268

Abstract

The aim of this research is to analyze court decisions on interfaith marriages, specifically the decisions numbered 916/Pdt.P/2022/PN. Sby and 71/Pdt.P/2017/PN. Bla. This research uses a qualitative method with a normative juridical approach. The data in this study are digital data. The results of this research show differences in the interpretation of Article 2 paragraph (1) of the Marriage Law. The Surabaya District Court's decision interprets Article 2 paragraph (1) of the Marriage Law as indicating that interfaith marriage is not prohibited. This leads to a legal vacuum that causes judges to use the explanation of Article 35 (a) of the Population Administration Law to permit interfaith marriages and Article 10 paragraph (3) of Government Regulation No. 9 of 1975 to provide a basis for the implementation of interfaith marriages. The Blora District Court's decision interprets Article 2 paragraph (1) to consider the validity of marriage based on the respective religions of the applicants. The analysis results based on the theory of maqasid al-shari'ah proposed by Jamaluddin Athiyah indicate that the decision from the Surabaya District Court does not show preservation, while the decision from the Blora District Court does show preservation. The analysis based on Islamic legal methodology, maqasid al-shari'ah proposed by Jasser Auda, shows that both decisions do not fully meet the standards of the system approach.

Page 8 of 13 | Total Record : 126

 6   7   8   9   10 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025 Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025 Vol 8, No 1 (2024): Vol. 8, No 1, October 2024 Vol 7, No 2 (2024): Vol. 7, No. 2, April 2024 Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023 Vol 6, No 2 (2023): Vol. 6, No. 2, April 2023 Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022 Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022 Vol 5, No 1 (2021): Vol. 5, No. 1, Oktober 2021 Vol 4, No 2 (2021): Vol. 4, No. 2, April 2021 Vol 4, No 1 (2020): Vol. 4, No. 1, Oktober 2020 Vol 3, No 2 (2020): Vol. 3, No. 2, April 2020 Vol 3, No 1 (2019): Vol. 3, No. 1, Oktober 2019 Vol 2, No 2 (2019): Vol. 2, No. 2, April 2019 Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018 Vol 1, No 2 (2018): Vol. 1, No. 2, April 2018 Vol 1, No 1 (2017): Vol. 1, No. 1, Oktober 2017 More Issue