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Hikmatuna
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 2460531X     EISSN : 25033042     DOI : 10.28918/hikmatuna
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
HIKMATUNA: Journal for Integrative Islamic Studies (ISSN Print: 2460-531X; Online: 2503-3042) is a peer-reviewed and open-access journal published biannually (June and December) by the Postgraduate Program Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan, Indonesia. The journal welcomes original research articles, theoretical discussions, case studies, and book reviews that explore diverse aspects of Islamic law. It aims to promote critical thinking, interdisciplinary approaches, and rigorous scholarly investigation in the field of Islamic law. This journal covers a wide range of topics, including: (1) Sources of Islamic law, (2) Islamic legal theory, (3) Islamic Family law, (4) Islamic Criminal law, (5) Islamic Business Law, (6) Constitutional and human rights issues, (7) Comparative law, and (8) Islamic Law and contemporary applications.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 103 Documents
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Fatwa in the Digital Age: Online Muftī, Social Media, and Alternative Religious Authority Amamur Rohman Hamdani
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.966

Abstract

This study aims to explain the fatwas disseminated on YouTube social media. It explains why ustadz or Islamic preachers disseminate their fatwas on YouTube and what factors surround it. This study uses a qualitative method and an ethnographic approach, namely data collection using keywords to search engines for specific fatwa themes among three popular religious preachers: Ustadz Abdul Somad, Ustadz Adi Hidayat, and Ustadz Khalid Basalamah. The fatwas issued by Islamic preachers were analyzed using the theory of the Muslim public sphere from Dale F. Eickelman and Jon W. Anderson about moving narratives in cyberspace. The moving narrative allows the fatwa to be reached by people connected to the internet. This moving narrative creates a discourse war only possible through the Muslim public sphere. The selection of three popular preachers because they have different backgrounds in terms of thought which makes it possible for dialogue to occur in the form of moving narratives. This research found that the moving narratives that occur in cyberspace are not only in the form of dialogue and contestation in the form of fatwas but are related to the religious authority they receive. Social media like YouTube allows them to gain authority because of the democratic nature that social media provides. This contrasts earlier forms of authority where social media had not yet been invented.  
Multidimensional Muslim Family Resilience During the COVID-19 Pandemic: A Case Study on Divorce Rate Muslih, Moh; Umi Mahmudah; Anik Maghfiroh; Muhammad Sulaiman Salim
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.972

Abstract

The pandemic of COVID-19 had a profound impact on the lives of families worldwide, including Muslim families in Indonesia. This study analyzes the resilience of multidimensional Muslim families in Indonesia during the COVID-19 pandemic. It has also been linked to family resilience in preventing divorce, which has reportedly increased during the COVID-19 pandemic. This study uses a qualitative approach. Observation techniques and in-depth interviews are conducted to obtain primary data. There are 25 interviewees. The findings indicate that three dimensions, namely the individual, family, and community dimensions, influence the resilience of multidimensional Muslim families during the COVID-19 pandemic. There is a positive causality relationship between the three interconnected dimensions. The findings suggest that all three can be used to prevent divorce by increasing resilience in these three dimensions. The analysis also reveals a spike in domestic violence, which is the cause of divorce during the COVID-19 pandemic. Domestic violence affects not only wives but also husbands.
Epistemology of Islamic Law Concerning Human Rights Y. Sonafist
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.985

Abstract

Human rights law in the context of answering human rights debate as the spirit of constitutional law, international law, and criminal law. civil law, and procedural law with a blended approach international law and national law. In the Islamic context, the understanding of Human Rights is studied through the understanding of Islamic Law itself. The problems inherent in humans are of interest to scientists, philosophers, and legal experts because humans have inherent will, rights, and freedom. in Islam, all human rights are obligations of a state or individual that cannot be ignored. Hence, human rights in Islamic law are related to the concept of equality which is transcendentally stipulated for the benefit of humans through Islamic law. In Islamic law, humans are beings who have duties and responsibilities and have rights and freedoms based on justice. Human rights are rights that are owned by everyone in accordance with human conditions. Human problems are complex if the rights inherent in humans are not fought for and protected, such as the right to life, the right to freedom, the right to religion, the right to justice, the right to equality, the right to education, the right to freedom of opinion, the right to ownership, and the right to get a job. .In other words, without protection there will be social oppression, human colonization, and authoritarian life arrangements. Therefore, freedom and the will for independence must be protected from oppressive outside forces.
Maintaining Tolerance and Religious Harmony Through Nyadran and Tundun: Sociological, Philosophical, and Maqāṣid al-Sharī’ah Perspectives Nurul Huda; M. Jauharul Ma'arif; Ifa Khoiria Ningrum; Taufiqur Rohman; Ahmad Taufiq
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.989

Abstract

This research aims to comprehensively analyze the tradition of nurturing tolerance and religious harmony in the Nyadran and Tundun traditions of Pancasila Balun Village, Turi District, Lamongan Regency. These traditions serve as a means to maintain religious tolerance and harmony amidst inter-religious conflicts in society. The study adopts a sociological field research approach, and data is collected through observation, interviews, and documentation. The findings reveal that the sociological dynamics underlying the Nyadran and Tundun traditions represent the efforts of the ancestors of Pancasila Balun Village to protect its community by fostering harmony among different religions through promoting religious tolerance. The Nyadran and Tundun traditions serve as social bonds in Pancasila Balun Village and, from a philosophical perspective, symbolize prayers for safety after birth and death, as well as a way to live together in a better society. These traditions align with Maqāṣid al-Sharī’ah, namely ḥifdh al-dīn (preserving religion), ḥifdh al-nafs (preserving human life), and ḥifdh al-‘aql (preserving intellect).
‘Affiliate Marketer’ Advertising Fraud: A Normative Legal and Prophetic Hadith Perspective Baharuddin, Mochammad Achwan; Latifatur Rokhmah Adhami; Wardatun Nadhiroh
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 1 (2023): Hikmatuna: Journal for Integrative Islamic Studies, June 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i1.996

Abstract

This study aims to explore the transformative impact of influencer marketing on the marketplace, altering consumer behaviour and marketing strategies. Social media platforms have become pivotal as businesses promote products and services with influencers. However, the integrity of some influencers is compromised due to the allure of high sales bonuses, leading to deceptive practices. The primary focus of this study is to examine the existence of influencers within the framework of Normative Law and Prophetic Hadith, shedding light on their involvement in fraudulent activities. Employing discourse analysis with a statutory and conceptual approach, the research positions influencers and affiliate marketing programs on par with conventional advertising companies. It becomes evident that Normative Law, specifically Law No. 8 of 1999, offers limited provisions, primarily centered around consumers' rights to accurate and transparent information concerning the goods being traded. On the other hand, fraudulent acts committed by influencers potentially fall under the purview of Law Number 11 of 2008 concerning Information and Electronic Transactions [as last amended by Law No. 19 of 2016]. Moreover, the Hadith of Muslim history strictly prohibits sellers from engaging in manipulative buying and selling practices, including any misdirection of product information.
The Comparison of ‘Iddah and Ihdad in the Shafi’i and Hanafi School Yusroh; Haaniyatur Roosyidah; M. Arif Hakim
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1213

Abstract

This article discusses comparisons that include the similarities and differences between the Shafi'i and Hanafi Schools in interpreting 'iddah and ihdad with a literature review. The method used in uncovering the purpose of this research is literature studies with research sources in the form of various books, articles, and other documents. The data were then analyzed using a comparative descriptive and a qualitative approach. The study results show the differences between the Shafi'i and Hanafi Schools in interpreting 'iddah and ihdad. Apart from the definition of 'iddah and calculating the period of 'iddah, these two schools have some similarities. The difference between these two Schools is in the meaning of the quru' during the 'iddah period for a woman divorced by her husband while her menstruation is not interrupted. The next difference is the prohibition for women in ihdad to leave the house. The two schools of thought both allow women to leave the house for ihdad, but the Hanafi school tends to limit it to working only to make a living, not for other needs, while the Shafi'i school is more relaxed, in the sense of leaving the house for a particular purpose. Another difference is that the Hanafi School requires divorced women to perform 'ihdad, whereas according to the Shafi'i School, it is only recommended. For women who work (career), if she is required to perform 'iddah or ihdad, then she continues to do so as long as she knows the limits she has to go out and does not violate the abovementioned provisions.
Cryptocurrency and Crypto Assets in the Perspective of Islamic Legal System Philosophy Abadi, Khafid; Ahmad Taufiq; Rizka Roikhana
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1216

Abstract

The purpose of this research is to determine whether or not cryptocurrencies are legitimate in Islam as both a currency and a commodity. This is research done in a library. The research is descriptive-analytical and uses Jasser Auda's Islamic legal philosophy approach to try to explain cryptocurrency law. The findings demonstrate that, from the standpoint of Islamic legal philosophy, the law governing cryptocurrency as a currency is comprehensive (tafsil). Whether it is halal or not by looking at how the goal was achieved, specifically (benefit). If the cryptocurrency has clear benefits, such as the existence of underlying assets and the government's role in realizing the general benefit (maslahah ammah), it can be considered halal. Similarly, cryptocurrencies that lack clear regulations and are not backed by assets will be haram due to the possibility of mafsadat. Despite the fact that cryptocurrencies are regarded as al-Ma'l al-ma'nawiyyah because they do not conform to the objectives of sharia in assets (maqashid as-shari'ah fi al- mal), the law of cryptocurrencies as assets (crypto assets) is not valid. This research certainly has limitations, especially related to field data, namely interviews with cryptocurrency business actors. Therefore, to develop further research, not only juridical research but also juridical-empirical research.
Child Adoption Model in Islamic Law: A Case in Central Java Indonesia Qurrota A’yun; Nur Meilani; Dewi Rahmawati
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1248

Abstract

This study aims to analyze the model of child adoption practices and the legal consequences of adopted child status in Islamic Law. This research is a field study with a juridical-empirical approach, which is descriptive and analytical in nature. Data on child adoption practices were analyzed using Friedman's legal system theory, which views the legal system as consisting of interconnected subsystems, including legal rules, enforcement, and the legal culture of the community. The effectiveness and success of law enforcement are measured through three elements of the legal system: the structure of the law, the substance of the law, and the legal culture. The research findings indicate that the model of child adoption practices in Batang District, Central Java is highly diverse. These models are observed in several villages within Batang District, such as Lebo, Pesaren, Banjiran, and Kalipucang Wetan. According to Indonesian legal regulations regarding child adoption, the reality is that the first model of child adoption does not comply with Indonesian legal rules, while the second model follows a familial approach. Several variations of these models present legal issues that have significant implications, particularly in terms of lineage, inheritance rights, and mahram relationships.
Authority and Dynamics of Compliance to Resolve Sharia Digital Finance Disputes in Indonesia Abdul Mujib
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1250

Abstract

This article focuses on analyzing the urgency of authorities in adapting technology to modern financial services. Conventional financial institutions (existing institutions) are entering a new era, where all financial transaction activities are connected to technology. The development of digital financial services such as electronic money (digital payments) and digital funds (crowdfunding) creates very fierce competition in today's modern financial services industry. The main problem that arises in the adaptation of information technology in financial services is legal certainty and protection for parties involved in digital financial transactions. This research analyzes the development trend of digital financial services in Indonesia. In addition, this study shows the efforts made by regulators in anticipating legal problems. Views on Islamic digital financial dispute resolution approaches and procedures are also the focus of discussion in this article. The method used in this study is literature research. This research uses an exploratory normative legal approach. Data collection techniques are carried out by observing, reviewing, and analyzing textual information which is then adapted as the main data in the discussion of this research topic. Data was collected from a literature review in the form of library materials or secondary data related to digital finance. This research produced several findings, namely: 1) the urgency of the authority in controlling the implementation of Islamic digital finance by presenting special regulations to minimize disputes between the parties. 2) Sharia digital financial platforms are ensured to have maximum Sharia compliance tools through Sharia compliance audits under the control of the authority.
Riba Potentials in DSN-MUI’s Fatwa Concerning Gold Rahn Homaidi Hamid
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1330

Abstract

This study aims to analyse the usury potential contained in the National Sharia Council-MUI Fatwa Number: 26/DSN-MUI/III/2002 about Gold Rahn. This research was conducted to examine the fatwa from the perspective of Usul Fiqh. Islamic Sharia forbids riba (usury) and things that can encourage usury. The things that can encourage the occurrence of usury prohibited by Islamic Sharia are the merger of the Qardh contract and buying and selling, as well as other exchange contract, such as ijarah. On the other hand, Fatwa of the National Sharia Board-Indonesian Council of Ulama (DSN-MUI) Number: 26/DSN-MUI/III/2002 about Gold Rahn actually opens the opportunity for usury because it allows the merger of the qardh and ijarah contract. This research combines literature and field research methods. Data was collected through literature search, documentation techniques and interviews. Triangulation techniques are used to test the validity of data. Next, the data is analysed and concluded. This research found that: 1) the potential for usury is due to the absence of restrictions on taking marhun maintenance fees by Islamic Financial Institutions. If the amount of service fees imposed by the Islamic Bank in maintaining marhun exceeds a reasonable price, the excess is considered usury. 2) The price excess is approved by the customer solely because the customer gets a loan from the Sharia Finance Institution (LKS). Also, LKS wants to provide loans to customers solely because customers want to pay fees that exceed reasonable maintenance costs.

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