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Graha Jurnal, Lantai 1 Gedung Fakultas Syariah, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan, Jl. Pahlawan Km. 5, Rowolaku, Kecamatan. Kajen, Kabupaten. Pekalongan, Jawa Tengah, Indonesia, PO.BOX 51161 Telp. (0285) 412575 | Fax. 423418, Email (Official): jhi@uingusdur.ac.id
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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
 1 
Search results for , issue "Vol 20 No 1 (2022)" : 8 Documents clear
Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity Arif Al Anang; Noorhidayah; Mustafa; Nor Ismah
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6476

Abstract

This research departs from concerns about an environmental crisis that encompasses deforestation, land-use change, habitat loss, land grabbing, water contamination, and soil degradation that we have faced. Meanwhile, the urgency of an Islamic response to fight those conditions should be more than simple actions like a religious lecture, Friday sermon, or green fatwa for around 1.9 billion Muslim communities around the world. Therefore, this study aims to critically analyze the Sharia contribution today to improve environmental protection by re-Islamization of forest and land law in modern ways, ultimately, to prevent the development and utilization of land and forest resources from continuing to fall into the vicious circle of the past. As an Islamic environmental law research, this study used a multi-disciplinary approach, including historical approach, empirical approach, and conceptual approach; it also used a literature review method to synthesize research findings. This paper found that re-Islamized forests and land law could be an ongoing debate due to the differences of national and local legal characteristics that also depend on sharia position if it is an unequivocal discourse. Moreover, accommodating Sharia as an integral part of the state law shown a uniqueness and the flexibilities of Islamic doctrine and an affirmation of Muslim optimism to their faith of course a real contribution to involve in ecological right movement. On the other hand, considering the re-Islamization of forests and land law is an alternative source to enforce the ecological behaviours of the Muslim community to more pro-environment.
Development of Sharia and Legal Studies in Australia Ann Black
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6506

Abstract

The study of Islamic law in Australian law schools shows positive developments. From 1997 when the first course on Islamic law was taught in at Charles Darwin University in the Northern Territory, there are now up to ten Universities that provide courses in Islamic law. This is due to several reasons, namely: 1) global and national events that require new perspectives in university culture, especially law schools; 2) law schools have the responsibility to break ties and create culturally literate citizens to maintain a harmonious multicultural society; 3) economic, political, security, tourism, education and other interests with Muslim Southeast Asian countries including Indonesia; 4) the study of Islamic Law is very important for the legal profession, especially for lawyers who will practice in areas with a significant Muslim population, or the field of international trade involving Muslim countries and; 5) Disputes involving family relations, social security rights, discrimination and immigration issues also require references to Islamic law. Harmonization of Sharia and Legal Studies in learning at the law faculty is provided by, among others: 1) the study of Islamic law becomes a component in a general comparative law course where certain features of Islamic law are highlighted for comparison with other legal models; 2) a course that combines the thematics of Islamic law with other topics, such as Law and Religion courses, or courses that focus on Islamic countries or regions, such as Law and Society in Southeast Asia, Middle East Legal Institutions, and Commercial Law. from Asia; 3) components of Islamic law are integrated into some, or all, of the legal courses taught so that the Islamic perspective becomes an inclusive part of legal education within the institution and; 4) Islamic law courses stand alone as elective courses at the Faculty of Law.
Taradhin Principle in Fiduciary Guarantee Parate Execution after the Decision of the Constitutional Court No. 18/PUU-XVII/2019 Muhammad Tun Samudra
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5992

Abstract

This article was analyzes the principle of Willingness in the Execution of fiduciary guarantees after the decision of the Constitutional Court Number 18/PUU-XVII/2019, in practice Parate execution can be carried out either with or without the consent of the debtor, such conditions often lead to acts of coercion and violence from fiduciary guarantee holders, even giving opportunities to arbitrary acts committed by fiduciary recipients (creditors) and degrading the dignity of the debtor. From the research conducted, it was found that the application of the principle of willingness in the Parate Execution of fiduciary guarantees by the Constitutional Court provides benefits and prevents harm to debtor and creditors, this can be seen from the main idea of the Court which states that parate Executions should no longer be carried out without an agreement of the customer's and the customer's willingness to return the collateral. If the customer does not admit the defaulted, then the fiduciary holder can submit an application through fiat Execution to the Court.
Islamic Law and Contemporary Challenges from Fresh Ijtihad Point of View Yusdani
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5991

Abstract

The following article highlights how fiqh as a science is developed in the context of the dynamics and demands of humanitarian issues in the contemporary era. The main issue raised in this paper is how the reformulation of fiqh as a science can provide solutions and contribute to solving humanitarian problems such as human rights, the environment, the democratic system, local wisdom and others? To answer these various humanitarian problems, this paper starts from the framework of thought that fiqh as a science in addition to exploring its religious knowledge also needs to be integrated with the humanitarian sciences related to humanitarian issues that are developing at this time. In this way, it is expected that a fiqh study like this will be responsive and a solution to contemporary humanitarian issues. The approach used in this paper is a philosophy of science, history and deconstruction and reconstruction approach to the work of fiqh as science. Based on the results of studies that conducted, it can be concluded that for the development of fiqh as a science, a theoretical device is needed that requires the support of the human sciences that are developing in the contemporary era. That way, the model of fiqh studies with related human sciences is integrative that is multidisciplinary, interdisciplinary or even transdisciplinary.
Comparative Study of the Process of Islamic Law Legislation in Indonesia with Malaysia and Its Implementation into Legislation Regulations Ahmad Nurozi
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.5906

Abstract

Islamic law in Indonesia and Malaysia in terms of rules and regulations, to explain the position of customary law, and Islamic law in the statutory system in Indonesia and Malaysia, and to find out how the implementation of Islamic law in Indonesia and Malaysia which is a product of legislation. The results showed that the legislative process of Islamic law in Indonesia and Malaysia is colored by various methods so that it is formed into statutory provisions; Islamic legal legislation in Indonesia is the basis for the formation of laws is a reflection of regulations that become the ideology of the state philosophy not only of Islam but also for adherents of other religions. The Islamic law legislation in Malaysia begins with issues requiring legal certainty to ensure that Muslims can overcome the mistakes and problems faced. There are times when fatwas are merely fatwas and not one law. When the fatwa becomes law, if it is approved by the Sultan and agreed upon by the Majlis Mesyuarat of their respective Kingdoms if the regulation is in line with the basis of the determination, then the law can be applied; on the contrary, the established law is not in line with the vision and mission of the nation, then the product of the legislation will disappear control.
Justice Negotiations for Women: Divorce Cases Due to Domestic Violence in Religious Courts Bani Syarif Maula; Ariyanti , Vivi
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6024

Abstract

This study is to analyze the resistance of Muslim women to gender hierarchy in the family through khulu' (divorce) which is caused by acts of domestic violence. This empirical juridical research uses sample data from the Central Java Religious Court. The sample is selected based on the highest number of divorce cases in Indonesia, especially those caused by acts of domestic violence. The results of the study show that the religious court is the place most visited by muslim women in an effort to negotiate justice to stop domestic violence experienced by wives because Religious Courts are considered to provide strength to challenge the gender hierarchy in the household. Divorce initiated by the wife allows women to become active agents in determining marital status. However, Religious Court Judges do not use domestic violence as an excuse to decide on divorce cases. In his decision, the judge only mentioned the reason for the divorce because of the constant fights between husband and wife
Contemporary Wedding in Indonesia (Study of Mubarakah Wedding at Hidayatullah Islamic Boarding School, Balikpapan, East Kalimantan) Abdullah; Hijrah
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6082

Abstract

This research aims to examine in depth a new concept of marriage which was initiated by the manager of the Hidayatullah Islamic Boarding School behind the board, this concept according to the experts can be an alternative solution in building a harmonious family as the first step in building a peaceful and prosperous world civilization. This research is an empirical legal research, in collecting data, this research uses interview, observation and documentation methods. This research found that the Hidayatullah Balik Papan Islamic Boarding School designed the concept of marriage which is relatively new, there are no classical or contemporary fiqh studies that discuss about it. this concept is termed as Mubarakah Marriage, the Mubarakah marriage process is divided into three, they are Pre-Marriage, Marriage Process and Post-Marriage. The process includes First, mubarakah marriage participants are required to follow the pre-wedding briefing quarantine, Second marriage is carried out without dating or ta'aruf, the three partners are chosen by the committee, marriage participants will know their match for sure after the contract, the four contract processes and receptions are carried out bulkly and it is free of charge, fifth post-wedding Family guidance. The principles of this marriage are religiosity, cheap, easy and simple, pre-marriage guidance to post-marriage, and the principle of da'wah. The effectiveness of this concept in family resilience is very high because 92% of married couples remain intact until now.
Islamic and Cultural Negotiations in Endogamous Marriage in Kerinci Nuzul; Hidayatullah
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6515

Abstract

This article was analyzes the principle of Willingness in the Execution of fiduciary guarantees after the decision of the Constitutional Court Number 18/PUU-XVII/2019, in practice Parate execution can be carried out either with or without the consent of the debtor, such conditions often lead to acts of coercion and violence from fiduciary guarantee holders, even giving opportunities to arbitrary acts committed by fiduciary recipients (creditors) and degrading the dignity of the debtor. From the research conducted, it was found that the application of the principle of willingness in the Parate Execution of fiduciary guarantees by the Constitutional Court provides benefits and prevents harm to debtor and creditors, this can be seen from the main idea of the Court which states that parate Executions should no longer be carried out without an agreement of the customer's and the customer's willingness to return the collateral. If the customer does not admit the defaulted, then the fiduciary holder can submit an application through fiat Execution to the Court.

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