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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 7 Documents
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Search results for , issue "Vol 17 No 2 (2019)" : 7 Documents clear
Membangunan Basis Metodologi Untuk Memperkokoh Keilmuan Fikih Berwawasan Keindonesiaan Yusdani
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2378

Abstract

Indonesian fiqh cannot be separated from the study of systems theory and the philosophy of science approach.Philosophy of science, with the target subject and object, is science (knowledge) includes two main topics,namely epistemology and methodology. To understand the text as a source of Islamic law, the discussion andapplication use macro interpretation, so that an understanding and interpretation of Islamic legal sourcesderived from the text of the Qur'an and Hadith is by the Indonesian context. The Indonesian context is thesubject and at the same Time the object of fiqh in discovering new laws in harmony with the legal needs ofIndonesian society. This condition is also an effort to strengthen Indonesia's fiqh position. Themethodological offer of Indonesian fiqh was carried out with a transdisciplinary approach, namely throughsystemic integration and interconnection, to discover the theory of truth in implementing Indonesian fiqh.The next problem is that fiqh as a science, cannot be released in a particular social and cultural context andcontains universal values that will always be relevant for each age and place following the objectives of fiqhitself and as a philosophy of Islamic law with the approach of system the maqasid based ijtihad.
Monogami dalam Perjanjian Perkawinan (Kajian Hukum Islam dan Perundang-undangan di Indonesia) Istianah
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2387

Abstract

This paper discusses monogamy as a material in marriage agreements according to Islamic law and legislation. The focus of the study is on the rules regarding marriage agreements and monogamy as material in marriage agreements in Islamic law and legislation in Indonesia. The method used is normative juridical. Sources of legal materials, namely: Al-Qur’an, Hadith, classical fiqh, Civil Code, Republic of Indonesia Law Number 16 of 2019 Regarding Amendments to Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Islamic Legal Compilation. Technical analysis using prescriptive analysis. The results showed that marriage agreements in Islamic law are permissible if they do not conflict with Islamic law. Marriage agreements are also regulated in the Civil Code, Marriage Law and KHI, where marriage agreements are permitted if they do not conflict with decency, legislation and public order. Monogamy as a material in a marriage agreement is permissible in Islamic law and has a normative reference in the Qur'an, Hadith and fiqh scholars. Laws and regulations in Indonesia also provide opportunities regarding monogamy which can be used as material for marriage agreements, even wives can require monogamy as taklik talak.
Penanaman Embrio Pada Rahim Istri yang Lain (Analsis Kritis Terhadap Fatwa MUI Tentang Kehamilan Berbantu) Najib Junaidi -
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2391

Abstract

This paper discusses of the MUI fatwa on June 13, 1979, about the practice of in vitro fertilization usinganother wife's womb. This practice was declared haram by the Indonesian Ulama Council's fatwa on the 13June 1979 about in vitro fertilization / Artificial Insemination. The MUI Fatwa normative argument, it willcause complications in inheritance issues, especially between children born with mothers who have ovum andmothers who conceive and give birth, and vice versa. This research is a normative juridical study, with theapproach of ushul fiqh, qawa'id fiqhiyah and comparison (comparison). The results showed that the practice of invitro fertilization by using another wife's womb, the law is permissible. Children born through this process have abearing for surrogate mothers who have conceived and delivered them. The complexity of inheritance issues that arefeared in the MUI fatwa can be overcome by determining the relationship of the nasab, because the nasabrelationship is one of the causes of inheritance. The mother of the owner of the ovum who becomes the origin or thesurrogate mother can be positioned the same as the mother who must be respected by the child, but has noinheritance relationship.
Konsep Tawakkal Dalam Perspektif Pasangan Perkawinan Anak di Desa Wedusan Probolinggo Jawa Timur Umar Faruq Thohir
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2392

Abstract

This paper discusses tawakal in the perspective of the child marriages couple. This research uses a qualitative approach. Data obtained by interview, observation and documentation. The location of the study was Wedusan Village, Tiris District, Probolinggo. The informant of the study was 24 child marriages couple. Supporting informant is parents, the community and village officials. Analysis techniques using interactive models. The results showed that tawakal attitude has been internalized in the daily life of the community, including for a couple of child marriage in the village of Wedusan. Tawakal for a couple of child marriages is a must in addressing the difficulties of life because by tawakal they surrender all risks and accept all the wishes of Allah SWT. Tawakal attitude which has been internalized in the community including a couple of child marriages was caused by low educational and economic conditions, and also the interaction patterns that are still simple and traditional. Expressions from the tawakal attitude of the community in this region, including a couple of child marriages, are expressed in gratitude and have never complained about all the conditions they experience so that even though physically (economically) they look very lacking, they are very harmonious and happy in the household. The child marriage couple in the village of Wedusan believes that their possessions are deposited from Allah SWT so that under any circumstances they continue to work and not give up. This Tawakal attitude can be categorized as an active and lofty tawakal.
Reconstruction of Maqashid Shari'ah Perspective Muhammad Thahir Ibn 'Assyria: Efforts to Re-Discuss Sharia with Reality Muhammad Aziz; Sholikah; Abdul Hadi; Abdul Ghofur
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2396

Abstract

The spirit and essence of everything that is prescribed by Islam, is basically between bringing benefit to humans and preventing danger to humans. So, it is important to know other than undergoing all the shari'a that Allah entrusts to his servant, namely to know and determine the ins and outs of the intent and purpose of the preservation of a certain law. In this study, put a big response to the hard efforts of Ibn 'Asyur in reformulating universal legal concepts which were then called the science of maqashid al-sharia. This is important, because approaching the universality of the Shari'a is one of the vital elves that is needed, especially in the era of globalization like today which presupposes a fast-paced change and was not taken into account before. According to Ibn 'Asyur, the main reason for the decline of fiqh is that the scholars are ignorant of the study of maqashid, and this will lead us to castrate the values of the Shari'a itself. In line with Ibn 'Asyur, Alal al-Fasi, one of the experts in contemporary maqashid al-sharia also views that the main condition for success in dialoguing fiqh with contemporary reality today is the massive response of scholars on the study of maqashid. This is where the function and role of maqashid al-shari'ah find its momentum. Its elastic character, across space and time is expected to be able to dialectically with problems that continue to emerge.
Maqasid Syariah Ibn ‘Asyur dan Pengukuran Kinerja Rantai Suplai Halal Usman; Herry Subagyo; Sih Darmi Astuti, Sih Darmi Astuti
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2401

Abstract

Halal features in the halal supply chain provide the consequence that we need to use specific parameters to measure its performance. Therefore, maqasid al-sharia theory by Ibn ‘Asyur and the SCOR (Supply Chain Operations Reference) model are considered as the basis for developing a conceptual framework for measuring the performance of halal supply chain. Through the literature review, the dimensions of Ibn ‘Asyur's maqasid theory and the SCOR model were identified. With the content analysis approach, the results are obtained that all dimensions of the SCOR model can be mapped well to the dimensions of the Ibn ‘Asyur maqasid, but not vice versa. As one of the important and established dimensions in the maqasid al-sharia, religious protection is not mapped. Therefore the protection of religion represented by the sharia compliance principles must be determined as complementary to the SCOR model. The result is obtained a conceptual framework for measuring the performance of halal supply chains which consists of 7 main dimensions, namely: sharia compliance principles, reliability, response rates, agility, costs, efficiency, and human aspects.
Positivising Sharī’a In National Regulation Through Maqasid Approach (Studies on Government Policy in Handling of Foreign Refugees in Indonesia) Rohmad Adi Yulianto
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2414

Abstract

The problematic of humanism in many countries results a phenomenon of trans-national refugee migration. Indonesia is one of country which received a massif influx of refugee wave aiming to obtain an asylum. This study discussed the policy of handling refugee in Indonesia from the maqasid sharia as perspective. Maqasid sharia, as one of the Islamic law methodological approaches in order to understanding social phenomena which positioned the interest (maslaha) as the core treatise. This study aimed to explain that the interaction between maqasid sharia as perspective and the development of national regulation, including the regulation in handling refugees, results three models of policy (instructive, integrative, and adaptive). Instructive policy implemented through taqnīn model, which is issued by the state authority as positive norm. Integrative policy implemented through eclectic model, adopted the finest part from both national law and Islamic law. Adaptive policy implemented when important elements of Islamic law affirmed national policy which contained fundamental principle of universal humanism as part of sharī’a.

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