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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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INDONESIA
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 227 Documents
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Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh (A Legal Anthropology Approach) Yayan Sopyan; Helma Suryani
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.3262

Abstract

This paper explores the causes of the prohibition of ethnic marriage in Minang Batipuh Ateh. This legal anthropological research uses a qualitative approach. Information and data are obtained by observation, interviews and literary studies. Informants were selected purposive and developed using the Snowball method. The analysis used an interactive model. The results showed that, the prohibition of tribal marriages in Minang Batipuh Ateh aims to restore the disturbed balance due to violations committed by a person and to maintain the 158 Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh... (Yayan Sopyan) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) existence of the culture and lineage of the Minang tribe based on matrilineal. Apart from that, the prohibition of inter-ethnic and ethnic marriages in Batipuh Ateh, because: 1) maintaining and preserving customary law; 2) limiting associations; 3) give birth to quality offspring; 4) does not interfere with children's psychology; 5) do not lose their customary rights, and 6) customary payment sanctions. Sanctions for violations of tribal marriages in Batipuh Ateh are: 1) the perpetrator was expelled from Nagari 2) the penalty imposed on Ninik-Mamak by paying a fine; 3) thrown away according to custom, or discarded saro, and 4) excluded from social interactions. Therefore, the permissibility of tribal marriages originating from different Nagari is a solution provided by traditional leaders, as an answer to the changing times, and accommodation to the view of Islamic marriage law.
Mediasi dalam Itsbat Nikah Kontensius di Mahkamah Syar’iyyah Aceh Tengah Zakiul Fuady
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2615

Abstract

An assignment of marriage is obligatory for couples married without the registration of legal marriage for the guaranteed certainty of law. This study aims to determine the number of cases of intermarriage in Kabul at the Central Aceh Syar'iyyah Court, the implementation of contingent marriage licenses, and the position of mediation on the marriage certificate. This juridical empirical research uses a qualitative approach with six judges as informants. Data collection techniques using interviews and documentation. The results showed the number of cases of marriage with the Syar'iyyah Court of Central Aceh in the last six years was 2,117 cases with details of 1,969 volunteer cases and 148 cases of contingency. The implementation of itsbat contingent marriage at the Syar'iyyah Court has met the standard regulations, but there are only petitioners and defendants by children or husband/wife, and there are no disputes involving other parties so that it cannot be categorized as fully contingent. The position of mediation in itsbat contingent marriage at the Central Aceh Syar'iyyah Court was not implemented because there were no disputes and did not involve other parties. Therefore, PERMA No. 1 of 2016 should be reviewed, which requires mediation in contingent cases.
Siyasah Pandemi ‘Umar bin al-Khaṭṭāb (Politik Kesehatan ‘Umar bin al-Khaṭṭāb dalam Menghadapi Wabah ‘Amwās Tahun 17-18 H/638-639 M) Masykur Rozi
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2848

Abstract

This paper to analyze of the respons of Umar bin Khattab in facing the 'Amwas pandemic in 638-639 AD in the perspective of health politics; and find patterns of political health theory practiced by Umar bin Khattab when facing a health emergency. The political theory of health from Bjørkdahl & Carlsen used to construct historical data documented in the hadith and historical books into a theory. The research method used documentation and content analysis techniques. The results showed that, Umar bin Khattab placed health as an important element under the prospect of people's welfare. Umar bin Khattab understood the plague as a natural human reality. This belief used as a knowledge base in shaping policies for handling outbreaks. The first technical implementation is the transfer of limited autonomy to the amir to prevent conflicts of authority. The second implementation is the transfer of value which becomes the standard for practical policy formation. The communication tactics used by Umar bin Khattab were parables and idioms that were in accordance with the understanding capacity of the interlocutor to involve all parties to participate in handling the epidemic.
Covid-19 Pandemic as the Reasoning of Force Majeure towards Financing in Islamic Banking Riska Wijayanti; Ani Yunita
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2699

Abstract

This paper analyzes the Covid-19 pandemic as a reason for force majeure in non-performing loan and legal effort its. This juridical-normative research uses a conceptual, statutory and case approach. Analysis using prescriptive with logic and legal reasoning. The results show, the Covid-19 pandemic cannot automatically be used as a reason for force majeure, even though it is designated as a non- 220 Covid-19 Pandemic as the Reasoning of Force Majeure towards Financing ... (Riska Wijayanti) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) natural national disaster because to find out which debtors are affected by the pandemic and the payment difficulties, should be proven through the decision of the Religious Court and must fulfil the elements in Article 1244 and 1245 Civil Code. Legal efforts to settle non-performing loans are rescue and settlement. The rescue is carried out by minimizing financial costs and restructuring financing. Settlement can be made by seeking through an auction or by executing the guarantee. The last alternative is resolved through the Religious Court. The legal effort of future for the rescue of non-performing loan that occurred due to the spread of the Covid-19 Pandemic is by renegotiating, whereby making new contracts or issuing addendums that bind the parties and must be implemented in good faith. Therefore, the ius constituendum is indispensable for the settlement of non-performing loan that caused by the pandemic through the OJK Regulation.
The Adat Litigation and Adultery Sanctions In Batanghari-Jambi Province Fathuddin Abdi
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2766

Abstract

This paper analyzes about the process and sanctions for adultery in the Customary institutions of Batanghari according to Islamic law. The method used sociology of law with a qualitative approach. The technique of collecting information uses observation, interviews and literary studies. The analysis technique uses an interactive model. The results showed, the resolution process and sanctions adultery in the Customary Institution of Batanghari, are:1) adultery pairs will be called by customary stakeholders (niniek mamak) and collected by tuo-tuo tenganai;2) if both have confessed, the niniek mamak, syara’ officials and the village head will determine the sanctions in the form of fines/debts and the time of 236 │ Covid-19 Pandemic as the Reasoning of Force Majeure Towards Financing ... (Riska Wijayanti) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) payment; 3) payment times: 1x7, 2x7, 3x7 (3 weeks). If, the perpetrator has not paid, then he will be expelled from the village, because it is considered that he does not respect customary law. The sanctions for the perpetrator of adultery in that customary law is not the same as the Islamic criminal law, namely the stoning penalty for adultery. However, substantively its does not contradict Islamic law because the Al-Quran and Sunnah do not show the prohibition of imposing sanctions that are less than the ones stipulated by sharia, even Islamic law calls for the perpetrator to be forgiven or to be given a punishment that does not exceed the perpetrator's actions.
Praktek Perkawinan Muhallil di Padarincang Serang Provinsi Banten Indonesia Ahmad Sanusi
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.3476

Abstract

This paper to analyse about muhallil marriage, which is carried out as a requirement to be allowed remarry between ex-husband and ex-wife, that has been talaq bain ( divorced three times) in Padarincang District, Serang Regency, Banten Province. This juridical empirical research uses qualitative. Data collection techniques using observation, interviews and documentation studies. The analysis technique uses an interactive model. The results show that the practice of muhallil marriage in Padarincang District was different from the existing provisions, because the ex-husband had to find the penyelang to ex-wife, then agreed by paying the penyelang and limiting the time of marriage. The ex- husband also forced the penyelang to divorce his wife, so that he could immediately remarry his ex-wife without waiting for the iddah period to end. According to Islamic law, marriage is haram and illegitimate, except it is carried out in earnest by Islamic law. Based on these facts, socialization and awareness should be carried out in the community about muhallil marriage, so that there is no violation of Islamic law and positive law.
Implementation of the Mobile Court Policy in Religious Courts On The Legal Political Perspective Hazar Kusmayanti, Hazar; Madiha Dzakiyyah Chairunnisa, Madiha Dzakiyyah Chairunnisa; Dede Kania, Dede Kania; Rajamanickam, Ramalinggam
Jurnal Hukum Islam Vol 22 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v22i1_1

Abstract

The mobile court policy is a way in which the court can provide the best and equal service to justice seekers by the principles of simplicity, speed and low costs. This research discusses the mobile court policy and its implementation in religious courts from a legal-political perspective. The research method uses empirical juridical. Interviews were conducted with judges and litigants in mobile courts at three Religious Courts, i.e.: Tasikmalaya, Soreang and Subang. Document studies are used to search for regulations and related case documents. The research findings show that the problems with implementing mobile courts in the three religious courts are: the infrastructure for mobile courts is still inadequate because they are held outside the building and far from the Religious Courts; public education is still low, they do not even have an understanding of the law and the judicial process; the judge also acts as a mediator in the mobile court and; case settlement was only carried out twice. This condition is increasingly problematic because most cases are divorces, so the facts in the trial are less accurate and affect the quality of court decisions. An interesting finding is that the mobile court is an effort to provide access to justice for people in unreachable areas by the Religious Courts and as a solution to reduce the divorce rate. However, in fact it increases the divorce rate in the target area. People think that the mobile court makes it easier for them to decide on divorce. 
Application of Very Urgent Criteria in The Marriage Dispensation Norms for the Protection of Children: Analysis of Jasser Auda's Theory Asmuni, Asmuni; Rezha Nur Adikara , Rezha Nur Adikara
Jurnal Hukum Islam Vol 22 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v22i1_2

Abstract

The renewal of marriage legal norms regarding the minimum age limit for marriage with the criteria of "very urgent" has given rise to disparities in the judges' consideration when applying decisions on marriage dispensation cases,  at the same time increasing the number of child marriages in the religious courts. This research discusses two main patterns, i.e.: the application of the "very urgent" criteria in marriage dispensation cases in the Religious Courts and; the relevance of " very urgent"  criteria toward protecting women and children. The theory of the maqāṣid syarī'ah system by Jasser Auda was used as an analytical tool from a contemporary jurisprudential perspective. This research uses a normative juridical approach with data collection techniques using library research. The results of the study show that the form of application of Jasser Auda's maqāṣid syarī'ah system theory in understanding the "very urgent" criteria can at least be analyzed from 4 (four) four conditions that may occur in children whom marriage dispensation is requested,i.e: pregnancy in the child, the potential for free sex, the potential for unregistered marriages, as well as the potential for continuity of education for children who apply for marriage dispensation. These conditions are linear with the six features of Jasser Auda's maqāṣid syarī'ah system,i.e.:   the cognitive nature of the system, wholeness, openness, interrelated hierarchy, multi-dimensionality, and focus on goals.  In addition, the "very urgent" criteria norm is linear with the objectives of regulations regarding child protection and the elimination of domestic violence. 
Implementation of Halal Supply Chain in the Cooperative of Islamic Boarding School: Maqashid Syariah Perspective Siti Aminah Chaniago, Siti Aminah Chaniago; Muhammad Izza, Muhammad Izza; Bagaskara Sagita Wijaya, Bagaskara Sagita Wijaya; Feni Fitriani Putri Rozi, Feni Fitriani Putri Rozi
Jurnal Hukum Islam Vol 22 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v22i1_3

Abstract

Halal Supply Chain is an opportunity, especially for countries with a majority Muslim population, including Indonesia, to increase the competitiveness of national products in a global context. Islamic boarding schools as centers for the development of Islamic law, also have the opportunity to create and apply Halal Supply Chain principles in the business units they develop. This research examines the application of Halal Supply Chain principles in Islamic boarding school cooperative business units that are integrated with Maqashid Syariah principles and their impact on business sustainability. This qualitative research was conducted at the "La Tansa" Retail Business Unit of Pondok Modern Darussalam Gontor. Data collection techniques used observation, interviews and document study. The research results show that implementing the Halal Supply Chain involves several steps to ensure that products and processes comply with the principles of Islamic law, such as (1) understanding halal requirements; (2) supplier selection; (3) production process; (4) halal certification; (5) documentation and tracking; (6) staff training; (7) storage and transportation; (8) regular audits and inspections; (9) continuous improvement. Implementation of the Halal Supply Chain in the "La Tansa" Retail Business Unit has integrated Maqashid Syariah principles. The implementation of Halal Supply Chain principles integrated with Maqashid Syariah principles contributes positively to the development of sustainable business models; and strengthen consumer confidence in the products and services offered.
The Problems of Islamic Family Law in the Digital Era and Its Relevance to Renewal of the Compilation of Islamic Law Musarrofa , Ita; Muttaqin, Husnul; Amaliyah, Ridha
Jurnal Hukum Islam Vol 22 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v22i1_4

Abstract

The digital era raises various problems and challenges in Family Law which is still conventional. For example, in terms of marriage contracts and administration, utilisation of assets from the digital economy and so on. This study discusses the problems of Indonesian Islamic family law in facing changes in the digital era and its relevance to the renewal of the Compilation of Islamic Law. This study uses a netnography method with a normative legal approach. The results show several realities that are problems in Indonesian Islamic family law in the digital era such as online marriage, digital marriage dowry, online sexual relations between husband and wife, online nusyuz and zina, online divorce and reconciliation and joint property based on cyberspace. This situation demands a renewal of Islamic family law in Indonesia, especially the Compilation of Islamic Law as material law in the Religious Courts. By using the feature of openness in the system theory of the maqasid shariah, the `urf of cyberspace is worthy of being used as a legal basis for the renewal of the Compilation of Islamic Law. Several articles in the Compilation of Islamic Law that need to be renewed are marriage witnesses, marriage contract, submission of dowry, husband's obligations, joint property of husband, reasons for divorce, examination of divorce lawsuits, procedures for reconciliation and procedures for implementing wills. This renewal is very important to achieve the objectives of the law, namely justice, certainty and legal benefits.

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