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Jurnal Hukum Islam
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 18297382     EISSN : 25027719     DOI : https://doi.org/10.28918/jhi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic law, in the framework of Indonesian legal studies in the global context. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol 16 No 2 (2018)" : 8 Documents clear
BPJS Kesehatan dalam Perspektif Hukum Islam (Studi Fatwa Majelis Ulama Indonesia dan Fatwa Nahdlatul Ulama) Mughni Labib
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1738

Abstract

This paper elaborates the fatwa of the Healthcare and Social Security Agency (BPJS Kesehatan) issued by the Indonesian Ulema Council (MUI) and Nahdlatul Ulama (NU), Indonesia’s largest Muslim organization. The MUI and NU declared their own fatwa on BPJS Kesehatan. The MUI labeled that BPJS Kesehatan contravened Islamic law, whereas the NU promoted that the national health insurance aligns with the law. These two fatwas trigger polemic in the country. A qualitative study was designed by employing usul al-fiqh (Islamic jurisprudence) and sociological approaches. The study used documentation and interviews to collect data concerning the MUI and NU fatwas on BPJS Kesehatan. The interactive model of Miles & Huberman was adopted to analyze the data. The results reveal that the issuance of the MUI and NU contradictory fatwas against BPJS Kesehatan was due to the use of different Islamic sources (dalil) and overlooks in drafting the edicts. The MUI emphasized more on several elements involved in the health insurance that were inconsistent with sharia law such as riba (interest), gharar (uncertainty), and maisir (gambling). Conversely, the NU highlighted a formal aspect stipulating that BPJS Kesehatan represented a social agency that benefited lots of people. This study also points out that some factors causing the variety of fatwas on BPJS Kesehatan between the MUI and NU covered the understanding and application of the dalil in relation to the edict formulation and the influence of socio-political atmospheres at the time of fatwa issuance.
Konstruksi Filosofis Fatwa DSN-MUI Mohammad Fateh
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1736

Abstract

This article aims to examine the method of ijtihad (independent reasoning) that is applied in constructing the fatwas issued by the National Sharia Council (DSN) under the Indonesian Ulema Council (MUI) as well as its philosophical values by deeming the use of fiqh (Islamic jurisprudence) rules in terms of maslahah (benefits). A qualitative approach was employed in the study by exploring the DSN-MUI fatwas enacted ranging from 2000 to 2017. This present study highlights that the DSN-MUI used three approaches in establishing its fatwas, namely: naṣ qaṭ’i (definitive Islamic law in the Qur’an and Hadith), qauli (Muslim scholars’ perspectives), and manhaj (methodological interpretation). Additionally, the DSN-MUI completely concerned maṣālih ‘āmmah (public interests) and the objectives of Islamic law (maqāsid ash-shari’ah). Another finding promotes that 37 different types of fiqh rules were applied in the DSN-MUI fatwas, which were repeated 242 times. The Islamic jurisprudence rule that was widely implemented covered “the legal origins of muamalat (transactions) are permissible as there are no Islamic sources (dalil) that forbid them”. The quantity of use was 78 times with a percentage of 32.2. Furthermore, it can be noticed that 11 fiqh rules internalizing philosophical values were repeated 112 times. This study also offers that it is noteworthy to provide more norms of maqāsid ash-shari’a since there are lots of current issues in muamalat that have no legal considerations in the naṣ qaṭ’i.
Studi Fatwa Nahdlatul Ulama (NU) No. 005/MNU-33/VIII/2015 Tentang Hukum Alih Fungsi Lahan Perspektif Maslahah Sulhani Hermawan
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1743

Abstract

This paper highlights that Nahdlatul Ulama (NU), Indonesia’s largest Muslim organizations,contributes its basic principles to food sovereigntyover the country. One of the national contributions is demonstrated throughthe fatwa No. 005/MNU-33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Lawissued when holding the 33rd NU national congress (muktamar) in Jombang, East Java.The fatwa issuance denotes an alternative to enhance Indonesia’s food sovereignty. This present study aims to investigate the Islamic edict concerning land use conversion law in the perspective of maslahah (public interests/benefits). A qualitative approach was employed in this library research. The fatwa No. 005/MNU- 33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Law was used as the primary data. The study applies the theory of maslahah to analyze the data. The finding promotes that the law argument over the haram aspect of the land use conversion in the fatwa indicates the existence of maslahah and the prevention of darar (harm conditions) due to the land conversion.
Maqasid Al-Syari’ah Mazhab Syafi’i dan Urgensinya dalam Ijtihad Kontemporer Holilur Rohman
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1737

Abstract

This paper explores the aspect of maqasid al-shari’ah in the Shafi’i madhab (school of Islamic jurisprudence) and the urgency of the maqasid al-shari’ah (Islamic law objectives) of the Shafi’i madhab in the ijtihad (independent reasoning) of contemporary Islamic law. A qualitative descriptive approach was designed in this literature study. The present study promotes that the aspect of maqasid al-shari’ah in the Shafi’i madhab can be noticed in qiyas (analogical reasoning). The Shafi’i madhab concerns al-Juwaini’s (a prominent Sunni figure) ideas and thoughts to classify al-maslahah al-daruriyyah (primary interests), al- hajiyyah (secondary interests), and al-tahsiniyyah (complimentary interests). Likewise, al- Ghazali’s (another influential Mulism jurist) views on about al-daruriyyah al-khams (five categories of primary interests) in al-Mustasfa, his greatest work of the law, becomes the basic guideline on the Islamic law issuance in this school of thoughts. Maqasid al-shari’ah, the foundation for ijtihad, in the Shafi’i madhab is employed when a new issue has no legal considerations at all in the past and needs to possess a legal certainty, or there has been a decision, but it requires re-ijtihad since the legal decision does not confirm the current conditions. Additionally, the re-ijtihad is also attempted due to different aspects of public interests/benefits. It, therefore, needs a new consideration that differs from the previous law.
Problematika Konsep Kafa’ah dalam Fiqih (Kritik dan Reinterpretasi) Ali Muhtarom
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1739

Abstract

The concept of kafaah (equality) in Islamic marriage aims to avoid the negative impact of inequality between husband and wife in terms of physical appearance, heredity, wealth, and religion. Nonetheless, the aspect of equality in various respects may trigger a negative effect; it is caste as a closed social stratification system that contradicts Islamic teachings. This present study aims to explore the problematic factors that emerge from the application of the kafaah concept and tries to reconceptualize kafaah in realizing an Islamic marriage that does not characterize a caste system. A qualitative approach was designed in this library research. The findings expose that the criteria in the concept of kafaah, excluding religion, may lead to social stratification and even discrimination in society, specifically for marital life. Consequently, it is noteworthy to re-understand the concept of kafaah, which is emphasized more on religion rather than other criteria.
Filosofi Dasar Akad Murabahah dan Mudarabah: Studi Perbandingan dalam Upaya Menggerakkan Sektor Riil Ahmad Munif
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1744

Abstract

The concept of kafaah (equality) in Islamic marriage aims to avoid the negative impact of inequality between husband and wife in terms of physical appearance, heredity, wealth, and religion. Nonetheless, the aspect of equality in various respects may trigger a negative effect; it is caste as a closed social stratification system that contradicts Islamic teachings. This present study aims to explore the problematic factors that emerge from the application of the kafaah concept and tries to reconceptualize kafaah in realizing an Islamic marriage that does not characterize a caste system. A qualitative approach was designed in this library research. The findings expose that the criteria in the concept of kafaah, excluding religion, may lead to social stratification and even discrimination in society, specifically for marital life. Consequently, it is noteworthy to re-understand the concept of kafaah, which is emphasized more on religion rather than other criteria.
Wakaf Uang Untuk Infrastruktur Dalam Prespektif Hukum Islam Fadhlullah Mudzakkir; Tarmidzi
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1741

Abstract

This present study aims to explore cash waqf (Islamic endowment) for infrastructure in the perspective of Islamic law. Cash waqf may serve as an alternative to increase Indonesia’s economy and reduce the gap between rich and poor. It is worth mentioning to promote that one way to maximize the role of cash waqf is through infrastructure investment. A juridical and normative approach was designed in this library research. This study demonstrates that cash waqf is deemed sunnah (recommended) in relation to its maslahah (public benefits) and the Islamic law of cash waqf. Meanwhile, the Indonesian Ulema Council (MUI) issues a fatwa declaring that cash waqf is jawaz (permissible). This kind of waqf can only be distributed and used for the public interests that are allowed in sharia law, and the principal value of the cash waqf must be guaranteed for its sustainability. It implies that cash waqf may not be sold, granted, and/or inherited.
Politik Hukum Islam dalam Pengaturan Tentang Kesusilaan di Indonesia (Studi UU Nomor 44 Tahun 2008 Tentang Pornografi) Ismail Marzuki
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1745

Abstract

This article tries to explore how the influence of Islamic law politics in drafting Law No. 44 of 2008 on Pornography. A qualitative approach was employed in this study. The treatise of Indonesia’s Pornography Law was collected as the primary data. The findings expose that there was the effect of Islamic law politics in drafting Law No. 44 of 2008 on Pornography. It can be noticed from the active involvement of Islamic political parties in parliament and the House of Representatives (DPR) members from the nationalist parties possessing an Islamic background in promoting the law enactment. Likewise, the Indonesian Ulema Council (MUI) and Islamic mass organizations also actively encouraged the issuance of this law. Another result highlights that there was a strong debate between political fractions in the DPR, including the Gerindra Party (PG), the United Development Party (PPP), the Democratic Party (PD), the National Mandate Party (PAN), the National Awakening Party (PKB), the Democratic Vanguard Star (BPD), the Star Reform Party (PBR), the Prosperous Justice Party (PKS), and the mass organizations that proposed the ratification of the Pornography Law draft, and other fractions, namely: the Indonesian Democratic Party of Struggle (PDIP), the Prosperous Peace Party (PDS), and the mass organizations that supported the refusal of the law draft ratification.

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