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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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Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis Ladiku, Hamdan; Zaman, Akhmad Roja Badrus
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.v6i2.35740

Abstract

This article aims to examine domestic violence from the perspective of Islamic law with a focus on the maqasid sharia. This study is important to present as a counter-narrative to the widespread view that Islam legalizes violence, due to the tradition of reading normative texts (the Qur'an and Hadith) in a textualist manner. This research uses a quasi-qualitative and descriptive approach and falls into the category of library research. In gathering data sources, the researcher used various instruments, such as observation and documentation or study of related documents. The primary data sources of this research are the Qur'an, Hadith, and fatwas of scholars, while the secondary data sources consist of other relevant literature such as books and journals related to the topic under study. The analysis used by the researcher includes data reduction, data display, and conclusion drawing. To clarify the validity of the data, the researcher conducted source and method triangulation. From the study conducted, this research concludes that Islamic teachings reject domestic violence and advocate for a humane and just approach within the framework of Islamic law. The prophetic tradition reinforces the prohibition against violence towards women based on the principle of mu’asyarah bi al-ma’ruf (living together in kindness) in Islam. This study encourages the goverment and related institutions to strengthen legal protection for victims and to enforce strict sanctions against perpetrators of violence.
E-Procurement in the Procurement System for Goods/Services by the Government in Indonesia: Perspective of Saddu al-Dhariah Kusumadewi, Mutiara Ramadhani; Aseri, Akh. Fauzi; Seff, Syaugi Mubarak
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.v6i1.36682

Abstract

This research is motivated by the release of Presidential Regulation No. 16 of 2018 concerning the Procurement of Goods/Services, which has three important stages: preparation, selection, and implementation. The issuance of this presidential rule aims to enhance the utilization of products from local Micro, Small, and Medium Enterprises (MSMEs). In the age of digitization, the Indonesian government has developed an electronic-based system known as e-procurement for the acquisition of products and services. This enhances the efficiency, effectiveness, competitiveness, transparency, fairness, accountability, and integrity of the procurement process, while also ensuring it is free from corrupt practices. This study aims to examine the e-procurement system in Indonesia through the lens of the fiqh principle of saddu al-dhariah, with the goal of mitigating corrupt practices in the procurement of products and services. The main data in this study revolves around Presidential Regulation No. 16 of 2018. Secondary data is derived from multiple sources including case studies on the procurement of goods and services, as well as publications and reports published by the Government Goods/Services Procurement Policy Institute (LKPP). The study findings suggest that e-procurement adheres to the principle of saddu al-dhariah by effectively mitigating state losses and enhancing government operational efficiency. The general public reaps advantages from this approach as it leads to a surge in the sales of domestic MSME products. Nevertheless, LKPP must persist in monitoring this mechanism to prevent any discussions conducted by parties with personal or collective interests.
The Psychological Impact of Divorce on Children in Manado City, North Sulawesi Ardianto, Ardianto; Gunawan, Edi; Yusuf, Nasruddin; Tubagus, Munir
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.v6i2.30914

Abstract

Divorce is a complex life event that often has significant impacts, especially on the psychological well-being of children. This research aims to deeply explore the psychological impact of divorce on children in Manado City, North Sulawesi. Through a qualitative approach, we conducted in-depth interviews with 20 informants, including children, divorced parents, and judges from the Manado Religious Court. The results of the study indicate that divorce affects not only the physical and social aspects of children but also significantly impacts their emotional state. Children who are victims of their parents' divorce often experience deep feelings of loss, uncertainty about their family's future, and confusion about the causes of the divorce. Emotional conflicts also arise in children who are victims of divorce, such as feelings of guilt, anger, sadness, and prolonged anxiety. These psychological impacts are then reflected in various aspects of the child's life, including a decline in academic performance, lack of motivation to study, and deviant behaviors such as drug use or engaging in promiscuous activities. In facing these challenges, it is crucial for children to receive adequate social and psychological support. Therefore, the roles of family, government, schools, and the surrounding community in providing appropriate support and facilitating children's adaptation to their parents' divorce are very important. Support from various parties can help children who are victims of divorce in their psychological recovery.
A Juridical Analysis of the Caning Implementation in Aceh Prisons and its Relations to Islamic Laws Syarif, Muhammad; Abbas, Syahrizal; Rahmadon, Rahmadon; Musfira, Musfira
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.v6i1.35697

Abstract

The Aceh government has implemented Islamic Sharia regulations by enacting Qanun Aceh Number 7 of 2013 concerning Jinayat Procedural Law, and Article 262 contains provisions regarding the implementation of flogging in public places. However, according to Article 30 Paragraph (3) of the Aceh Governor Regulation Number 5 of 2018 concerning the Implementation of Jinayah Procedural Law, the execution of flogging is restricted to prisons and detention centers. This study aims to outline the legal arguments for shifting the implementation of flogging in Aceh and the Islamic legal provisions related to carrying out flogging in public places. This research uses a normative legal method with a statute approach that refers to the concept of law as a rule and also uses Islamic legal doctrine, which is then analyzed qualitatively and described descriptively to find the alignment between the core issues and the normative provisions. The results of the research show that the main reason for issuing the Governor's Regulation regarding the implementation of flogging in prisons is to increase investment, as the implementation of flogging in Aceh has faced opposition from external parties. However, the issuance of the Governor's Regulation contradicts the system of forming legislation in Indonesia and legally lacks legal force. According to Islamic law provisions, the execution of flogging must be witnessed by a group of believers, as explained in the Quran, Surah An-Nur, verse 2. The implementation of flogging in prisons cannot be witnessed, whereas this is an integral part of the agreed implementation of flogging. There needs to be a specific and easily accessible location for the public as a place to carry out flogging penalties.
Child Adoption and Conflicts of Jurisdiction: A Comparative Analysis of the Public Court and the Islamic Court of Surakarta Fauzi, Muhammad Latif; Fauzi, Mohammad Harazi Al Abyari
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.v7i1.26854

Abstract

The adoption of Muslim children is one of the familial issues in Indonesia. At the law level, the Indonesian law authorizes two judicial institutions, namely Islamic and public courts, to handle the case. Here, conflicts of jurisdiction occur obviously and, as a consequence, the parties have the choice to decide which court to request based on their wishes. This article answers the question of why and what the consequences of conflicts of jurisdiction are in the case of the adoption of Muslim children? The study found that two judicial institutions both accepted and examined cases of the adoption of Muslim children. However, there is a difference in the legal consequences. If the adopted child is to be treated as a biological child and can inherit, the application is filed to a public court. On the contrary, if the child is to be maintained, it is an Islamic court that judges. In the case of family lineage (nasab), both the courts do not break the ties of the adopted child with his/her biological parents, including the right of guardianship.
Strategic Management of Zakat Funds for Educational Initiatives: A Study at Amil Zakat Agency of Nurul Hayat Tulab, Tali; Yurista, Dina Yustisi; Rozihan, Rozihan
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.v7i2.31088

Abstract

The Zakat, Infaq, and Sedekah (ZIS) funds hold significant potential in Indonesia for enhancing societal welfare, especially in the educational sector. However, the optimal utilization of these funds remains a challenge, with ensuring appropriate and effective usage being the primary concern. Therefore, conducting an in-depth study on the management of ZIS fund utilization in educational programs at the Amil Zakat Institution (LAZ) Nurul Hayat becomes essential to assess its professionalism in managing and distributing funds entrusted by donors. This research adopts a qualitative approach, focusing on LAZ Nurul Hayat in Semarang. Data collection methods involve interviews with LAZ Nurul Hayat officials and documentation based on relevant articles, journals, and research. Data processing encompasses editing, classification, data analysis, and conclusion stages. The findings reveal that LAZ Nurul Hayat has successfully implemented the management of zakat fund utilization, incorporating planning, implementation, monitoring, and evaluation in the educational sector.
Integrated Waqf Farm: A Contemporary Model for Waqf Land Development Lutfi, Alvi Amalia; Khasanah, Miftahul Nur; Agustin, Erlinda Dhika; Setiowati, Denok; Yulita, Nasywa Ayu; Medias, Fahmi
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.v7i2.35795

Abstract

The important role of waqf is felt to have been greatly reduced recently, due to various problems faced in developing waqf land. The lack of nazhir competence, limited development capital, and management that is not yet professional are some of the many problems in waqf. Various approaches are needed to close this problem, such as changing the form of waqf, cooperation between lines, and other alternative innovations. This research aims to reveal contemporary innovation models in integrated agricultural waqf land development and analyze the benefits, opportunities, costs and risks using the analytic network process approach-Benefit, Opportunity, Cost and Risk (BOCR). This research design uses an interpretative paradigm with a qualitative approach in the form of a case study. Through content analysis, data obtained from interviews is then interpreted according to the research objectives. This research reveals that there are two types of innovation developed through the integration of agriculture in waqf development. “Bersamamu sadar ternak” is a livestock-based innovation, this innovation is the result of collaboration with farmers to produce sheep without costs being charged to partners. To strengthen the existence of tourism on this waqf land, "Kopi Bersamamu" is the next café-based innovation. Through BOCR analysis among waqf experts, "waqf land becomes productive" is the benefit element that is considered the most important with an average of 0.34. "Business development opportunities" is the most important element in the opportunity elements with a mean of 0.38. Meanwhile, "high costs for technology, management and maintenance" is considered the highest element in the cost aspect. Finally, "Shariah compliance risk" is the greatest risk in developing agricultural-based waqf land with an average of 0.45
Traditional Marriage Practices of the Javanese Community in Langkat District, North Sumatra: An Islamic Legal Perspective Ishaq, Ishaq; Asmuni, Asmuni; Suparmin, Sudirman
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.v7i1.36940

Abstract

Marriage in Islamic law has been clearly stated regarding its pillars, conditions, and the permissible and prohibited provisions. This study aims to analyze the Javanese customary marriage practices of the people in Langkat Regency, North Sumatra Province, considering that the community still strongly adheres to various wedding processes as inherited from their ancestors, from the perspective of Islamic law. This research is empirical and uses a social approach. The data analysis employed is the Miles and Huberman model, with the steps of data reduction, data display, and conclusion drawing and verification. In practice, Javanese customary marriages among the people of Langkat Regency still feature a series of traditional Javanese wedding ceremonies, even though they live outside Java Island. The analysis of Islamic law's perspective on Javanese customary marriage shows a dynamic interaction between cultural traditions and religious principles. Determining auspicious wedding days based on 'primbon' can be accepted in Islam as long as it does not involve beliefs in supernatural elements contrary to Islamic law. Furthermore, the practices of 'kembar mayang' and 'pecah telur' in Javanese customary marriage are considered 'urf fasidah (customs contrary to Islamic law) because they involve beliefs in things not based on Islamic teachings. The accommodation process of Islamic law in Javanese marriage customs demonstrates a harmonious integration effort between religion and culture. From an Islamic viewpoint, cultural traditions can be accepted and integrated as long as they do not conflict with the fundamental principles of the religion.
Revitalizing Justice in Fiqh: Revisiting Non-Retroactive Principles to Address Sexual Violence Kamalludin, Iqbal; Pratami, Bunga Desyana; Khasna, Syarifa; Yaqin, Alamul; Umar, Achmad Jauhari
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.v7i2.31028

Abstract

Handling sexual violence cases requires a holistic, human rights-based approach, encompassing prevention, protection, law enforcement, recovery, and ensuring victims' access to justice. Islam advocates equality for all, but its implementation is constrained by the improper handling of many sexual violence cases due to the non-retroactive Sexual Violence Law. This paper proposes the urgency of upholding the principle of retroactivity in criminal law and Fiqh Jinayah to build an anti-sexual violence construction based on justice and equality. This normative juridical research employs conceptual, statutory, philosophical, and historical approaches. This approach provides an in-depth understanding of the concept of justice in the handling of sexual violence, according to Sharia. This study uses the Islamic legal literature and comparative legal studies to examine the urgency of upholding the retroactive principle in criminal law and Fiqh Jinayah. This study confirms that applying the retroactive principle to sexual violence is consistent with the six characteristics of Maqasid Sharia: cognitive nature, interconnectedness, wholeness, openness, multidimensionality, and purposefulness. The retroactive principle is necessary in cases of sexual violence as the primary rule in addressing such crimes, in addition to complementing existing laws and regulations. This principle is crucial to ensure fair law enforcement in cases of sexual violence.
A Inauspicious Month in Javanese Wedding Tradition in Luwu Utara, South Sulawesi: Perspective of Islamic Law Rahmawati, Rahmawati; Takdir, Takdir; Muhajir, Muhammad Nur Alam; Abdain, Abdain
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.v7i2.36725

Abstract

Determining inauspicious days in Javanese marriage traditions is significant. Sometimes, this leads to debates and controversies from various perspectives as it is considered contrary to Islamic law. This research aims to examine the determination of inauspicious days in Javanese marriage traditions during the month of Muharram (Suro). This study employs an empirical juridical approach using theories of social change and Islamic legal theory, particularly social tradition ('urf) and public interest (maslahah). Data is collected through interviews and literature reviews. Subsequently, the data is analyzed using these theories through data reduction, data presentation, and conclusion drawing processes. The research results reveal that the determination of inauspicious days in marriage traditions is based on the societal belief in the existence of inauspicious days for couples marrying in the month of Suro. This belief is grounded in experiences and stories passed down through generations. On the other hand, the concept of maslahah refers to the welfare or benefit for humans. In the context of inauspicious days for marriage, maslahah refers to efforts to prevent conflicts between couples and families. Furthermore, from the perspective of Islamic law, prohibiting marriage in the month of Suro in North Luwu Regency is permissible because there are no prohibitions in the Quran or hadith against it. Such traditions in Islamic law are referred to as ‘urf shahih, which are good and permissible customs as long as they do not contradict sharia. The prohibition is valid if it is based on the motivation to obey parental advice (birr al-walidayn) and as a form of respect for deceased parents, and linking everything that happens to the will of Allah SWT. However, if the tradition contradicts sharia and harms faith, then the tradition cannot be practiced.

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