cover
Contact Name
Yunas Derta Luluardi
Contact Email
yunas.derta.luluardi@uingusdur.ac.id
Phone
+6282227271188
Journal Mail Official
jhi@uingusdur.ac.id
Editorial Address
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
Location
Kota pekalongan,
Jawa tengah
INDONESIA
Jurnal Hukum Islam
ISSN : 18297382     EISSN : 25027719     DOI : https://doi.org/10.28918/jhi
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
Search results for , issue "Vol 20 No 2 (2022)" : 7 Documents clear
Right of Women In The Family Law; Zakir Naik Perspective Manaf, Abdul
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.5638

Abstract

Zakir Naik is a phenomenal muslim preacher who also gives his thoughts on women's rights. According to Zakir Naik, women actually have an equal position with men even though the implementation varies. This paper is classified as literature research with a qualitative approach. This research method is content analysis of Zakir Naik's book about women in Islam. The data was collected thematically by referring to the analysis of Zakir Naik's primary book. The results of the study concluded that women have the right to choose or accept their partners. Women also have the right to divorce their husbands if they are polygamous and it is stipulated in a marriage contract. Regarding the rights as a wife, women should not be treated as slaves who take care of housework, women must be treated properly and with respect. As a mother, a woman deserves higher respect than a fathers. In the economic realm, women may work but they are not obliged to give part of their assets to their husbands. However, women have the option to help their husbands if the husbands are unable to meet the economic needs of the family. In the realm of politics and leadership, women may serve as parliament members or government advisors, but Zakir Naik does not agree if women become presidents or prime ministers of a country
Building Family Resilience For Employees of the Pekanbaru Diniyah Foundation Islamic Law Perspective Nurliana, Nurliana
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.6702

Abstract

The research is motivated by various family problems of married people, some family conditions are weak so that they are easily shaken and end in divorce. There are some families who look strong with all the problems so that the family survives, not shaken by any situation and condition. In this case the researcher is interested in conducting a research on how to build family resilience for the employees of the Diniyah Pekanbaru Foundation from the Perspective of Islamic Law. An urgent research, to find out the basic principles of family resilience, aims to educate people in fostering and maintaining families, not easily shaken by the problems that occur. The research method used is descriptive qualitative research using the triangulation method through data display, data presentation, drawing conclusions, analyzed through content analysis. The research sample is 195 respondents. Research findings; need to understand the purpose of marriage to build a samara family the answer of the respondent is 15%. Understanding each other's roles by applying the principle of mutual help Respondents answer 52%. Implementing Islamic values ​​in the family is 18%. Fulfilling the needs of nutrition, education, health and future investment of 15%. From the perspective of Islamic law, employees of the Diniyah Pekanbaru Foundation in general choose to carry out psychological aspects of family resilience by implementing human values, the principle of taawun and Islamic values ​​in the family so that physical needs accompany them.
The Concept of Wages and Its Application: Analysis of the Ijarah and Ju’alah Contracts in Sharia Economic Institutions Gojali, Dudang; Iwan Setiawan; Muhamad Izazi Nurjaman
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.5833

Abstract

This research is motivated by the concept of wages originating from ijarah contracts more widely used in Islamic Economic Institutions than wages derived from ju'alah contracts. While the two contracts are contracts that cause the provision of wages. Therefore, this study will describe the application of the concept of wages to ijarah and ju'alah contracts at the Islamic Economic Institution. This research is a secondary research with a literature study method whose data comes from various literatures through a normative juridical approach. This research is a type of qualitative research with technical data analysis through three stages, namely reducing data, presenting data and drawing conclusions. The results of this study reveal the fact that the concept of wages that is widely used in Islamic economic institutions is wages derived from ijarah contracts. This is because the legal consequences that have the concept of justice are that wages are based on the amount and results that have been completed, rather than wages derived from the ju'alah contract which will be given when a job can be completed perfectly. Therefore, the concept of wages is more identical to the ijarah contract for service benefits, so that there is a development of the meaning of ujrah in the form of wages and rental prices in accordance with the object of the contract exchanged in the ijarah contract.
Regulation of the Maturity of Married Age in Suku Anak Dalam Jambi Province Hidayati, Rahmi; Yuliatin, Yuliatin; Syuib, Kholil
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.6167

Abstract

There have been many previous studies that discussed the theme of early marriage, but the difference from this study is that the people studied are in the majority of isolated communities in Jambi Province (Suku Anak Dalam). The Suku Anak Dalam community has its own rules regarding the practice of marriage and overrides the provisions in the law that have been positive. One of these rules is related to how to measure the maturity of the bride and groom (marriage age limit). For them, girls who have reached puberty are considered capable of getting married, while boys who are mature are marked by a test of dexterity to hunt animals. If the boy passes / passes the test, then he is considered an adult and is able to get married. Because according to the women of the Anak Tribe, the concept of a man's valor lies in his ability to earn a living and hunt. This coincides with the lack of fulfillment of the rules set by the State as stated in Law no. 1 of 1974. This study wants to see what factors cause early marriage and this perspective.
The Bjorka Hacking Phenomenon on Selling Personal Data as a Digital Asset from The Perspective of Maqashid Sharia Fageh, Achmad; Solikhawati, Anisa
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.6387

Abstract

Personal data is often used as a digital commodity tool on every digital platform such as Shopee, Link Aja, Dana, Go-jek, Grab, and so on. This study aims to find out more about the Bjorka hacking phenomenon on the sale of personal data as a digital asset from a sharia maqashid perspective. This type of research is library research , namely an assessment of library sources related to the problems discussed, especially in exploring contemporary muamalah fiqh concepts from various at-Turath books and books by local fiqh muamalah figures. as well as the West. The data sources of this research are primary and secondary. The results show that the phenomenon of selling data by Bjorka is very clear that this violates the concept of maqashid sharia in terms of dharuriyat , hajiyat , and tahsiniyat . Based on maslahah dharuriyat which is divided into 5 aspects, namely maintaining religion ( hifdhud diin ), guarding the soul ( hifdhun nafs ), guarding offspring ( hifdhud nasl ), guarding reason ( hifdhul aql ), even protecting property ( hifdhul maal ), cases of selling personal data are something that deviates from the principles of maqashid sharia.
Principles of Reversal Burden of Proof in the Perspective of Indonesian Criminal Law and Islamic Law Ahmad , Gunaldi; Rosyid, Maskur; Mudzhar, M. Atho; Ritonga, Mhd Rasid
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.6749

Abstract

The principles of criminal law in Indonesia and Islamic criminal law do not burden the defendant in proving. However, there have been changes to the reverse burden of proof system, especially in cases of corruption and money laundering. This article discusses the principle of reversed burden of proof in Indonesian criminal law and Islamic criminal law. The research method is juridical-normative with statutory, conceptual, and historical approaches. Sources of data using primary and secondary legal materials. The results of the study show that there are seven principles of reverse proof in criminal law in Indonesia, namely the principle of justice, the principle of utility, the principle of wealth, the principle of evaluating evidence, the principle of legality, the principle of invisible crime, and the principle of presumption of guilt. Meanwhile, the principles of proof are reversed in Islamic criminal law, namely: intention, justice, maqāṣid al-sharīah, and presumption of guilt. Reverse proof in Islamic criminal law is not only applied in cases of corruption and money laundering, but is applied to all ḥudūd, qiṣāṣ and ta'zīr crimes. The principle of intention only exists in the Islamic criminal law system, because it relates to the divine side.
The Effectiveness of the Implementation of the Norms for the Distribution of Zakat Funds in BAZNAS of Pekalongan City (Articles 25 and 26 of Law No. 23 of 2011) Jumailah; Ahmad Fauzan
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.2274

Abstract

This paper analyzes the effectiveness of implementing norms for the distribution of zakat funds and the implications of their distribution referring to Articles 25 and 26 of Law no. 23 of 2011 concerning Zakat Management and Article 3 PP Number 14 of 2014 concerning its Implementation. This regulation is a guideline for managing zakat funds carried out in Pekalongan City. Research location at BAZNAS Pekalongan City. This type of research is empirical juridical, data is collected from observations and interviews with BAZNAS managers in Pekalongan City. Analysis uses an interactive model. The research results show that the implementation of the distribution of zakat funds at BAZNAS Pekalongan City refers to the norms of Law no. 23 of 2011. However, in fact it is not effective, because to measure the effectiveness and success of law enforcement depends on three elements of the legal system, namely: First, the legal structure, the management of BAZNAS Pekalongan City has been formed. Second, the legal substance is supportive, namely the existence of statutory instruments that regulate Zakat Management. Third, the legal culture of the people of Pekalongan City is predominantly Muslim and they know the obligation to pay zakat, supported by the Mayor's circular about paying zakat at BAZNAS. In this case, efforts to change the position of mustahik into muzaki have not been achieved, but the economic conditions of the mustahik have become capable. Therefore articles 25 and 26 of Law no. 23 of 2011 is not yet effective.

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