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Yunas Derta Luluardi
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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 227 Documents
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Perlindungan Hukum Terhadap Nasabah Koperasi Baitul Maal Wat Tamwil (BMT) Tidak Sehat di Kota Yogyakarta Nurbaiti Prastyananda Yuwono, Nurbaiti Prastyananda Yuwono
Jurnal Hukum Islam Vol 18 No 1 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i1-2

Abstract

This study aims to analyze the causes and effects of the unwell BMT cooperatives and legal protection for customers from the cooperatives. This empirical juridical research uses an integrated approach. Primary data were obtained from interviews and secondary data were obtained by searching primary and secondary legal materials. The technique of the analysis uses interactive models and analytical prescriptive. The results showed that the causes of BMT cooperatives in the city of Yogyakarta which were declared unwell, namely: 1) the lack of knowledge of management and managers about sharia financial management; 2) non- compliance with sharia principles; 3) limited capital; 4) non-performing loans; 5) professionalism of human resources; 6) not reporting financials; 7) not audited by a public accountant; 8) lack of managerial authority; 9) manager status is unclear; 10) legal issues; 11) basic BMT operational policies; 12) weak IT system. These conditions have an impact on the institution, management, managers and members and customers. Legal protection for customers is that if BMT cooperatives are declared unwell, the customers can use certain articles in the Cooperatives Act; Government Regulation Number 9 of 1995; Consumer Protection Act and; Civil Code. Legal protection is practically carried out through litigation and non-litigation. Therefore, there should be more intense supervision of unwell BMT cooperatives, including a commitment to immediately revise the Cooperative Act and the law on deposit insurance institutions for cooperatives.
Formulation of Criminal Policy on Sexual Violence Rehabilitation Based on Family Therapy with the Maqasid al-Sharia Principles Iqbal Kamalludin, Iqbal Kamalludin; Bhanu Prakash Nunna, Bhanu Prakash Nunna
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_5

Abstract

Conventional rehabilitation of victims of sexual violence, which only focuses on physical and psychological recovery has failed to handle the complexity of trauma experienced by victims. Therefore, this study discusses a new approach to the rehabilitation of sexual violence through Family Therapy integrated with the principles of Maqāsid al-Sharī'a. The research method uses normative with a philosophical, conceptual, and statute approaches, which analyzes various legal regulations, doctrines, and principles of Islamic law related to sexual violence and victim rehabilitation. The main data sources include laws, government regulations, fatwas, and court decisions, supported by literature reviews from legal journals, books, and scientific articles. The research findings show that the integration of Family Therapy with the principles of Maqāsid al-Sharī'a is a holistic rehabilitation model, which not only focuses on victim recovery but also pays attention to the roles and dynamics of the family in the rehabilitation process. This model also shows the relevance and practical application of the principles of Maqāsid al-Sharī’a in the recovery efforts of victims of sexual violence, as well as providing important contributions to criminal law policy and practice in the field of mental health and social. This study offers a new inclusive perspective based on humanitarian and religious values in handling victims of sexual violence.
Legal Discovery Method for Non-Muslim Heirs as Recipients of Wasiat Wajibah Fawzi, Ramdan; Rojak, Encep Abdul; Mujahid, Ilham; Sahid, Mualimin Mochammad
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_6

Abstract

The Islamic inheritance system has not fully accommodated the problem of inheritance distribution in the reality of society, especially the rights of non-Muslim heirs. Therefore, in several of its decisions, the Supreme Court of the Republic of Indonesia grants rights to non-Muslim heirs through wasiat wajibah. This study discusses wasiat wajibah in Islamic Law and Positive Law and the method of finding law used by Supreme Court judges in rulings on non-Muslim heirs. The research method uses normative juridical with a legislative, conceptual and case approach. The results of the study show that Islamic law (Quran, Hadith and Fiqh) has expressly regulated the provisions for the settlement of inheritance between heirs, the procedure for the division and transfer of the heir's property to the heirs, as well as the reasons for obtaining a share of the inheritance as well as the reasons that hinder the heirs. The method of legal discovery used by the Supreme Court Judges in the decision of non-Muslim heirs uses an extensive interpretation with a deepening of the Compilation of Islamic Law concerning wasiat wajibah for adopted children and adoptive parents. Wasiat Wajibah are a way out to get a share for non-Muslim heirs, because the recipients are not hindered due to religious differences. This decision is an extension of the Compilation of Islamic Law on wasiat wajibah . The Supreme Court's decision can be used as a reference for the Religious Court in deciding the same case.
Implications of Ar-Radha'ah in Determining the Mahram of Adopted Children: A Case Study in the Syariah Court of Brunei Darussalam Binti Mohd. Shahrenidzam, Rabiahtul Shahnazirah; Kurniawan, Cecep Soleh
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_7

Abstract

The adoption model in society in Brunei Darussalam is adoption that follows legal procedures and adoption based on mutual agreement or without going through legal procedures. This study discusses the implications of providing breast milk to adopted children and the importance of testimony (syahadat) in proving the implementation of ar-radha'ah in the Sharia Court of Brunei Darussalam. The research approach uses qualitative. The primary data source is the officers at the Sharia Court. Data collection techniques use document studies and interviews. The results indicate that Islamic law regulates adopted children who do not have a mahram relationship with their adoptive parents, even though they have been raised since childhood. So, when the child is older, they must maintain boundaries such as aurat with their adoptive family. However, if the child is breastfed by their adoptive mother through Breast Milk can change the status of an adopted child who is not a mahram to a mahram. When a woman breastfeeds her adopted child and fulfills the ar-radha'ah requirements stipulated in Islamic law, the child will become a mahram child for her and her family. Testimony to prove the existence of ar-radha'ah between the adoptive mother and the adopted child is important because it will prove that the adoptive mother can be declared fit by the judge as an adoptive parent. The Syariah Court in Brunei Darussalam refers to the Syafi'i school of thought as the main reference based on the 1959 Constitution of Brunei Darussalam.
Supreme Court's Decision Regarding the Prohibition of Interfaith Marriage and Its Relevance of Maqaṣid Al-Shari'ah Aziz, Abdul; Subhan Nugraha, Iqbal; Aminudin, Sugeng; Hakim, Lukman
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_8

Abstract

Interfaith marriage is still a debate, especially after the issuance of the Circular of the Supreme Court of the Republic of Indonesia concerning the prohibition of registration of interfaith marriages, which is considered to injure Human Rights. This research discusses the relevance of the Supreme Court's Decision on interfaith marriage with the principles of maqāṣid al-sharī'ah and its implications for the right to freedom of choice of partner. This normative legal research uses a legislative, conceptual, philosophical and case approach. The sources of legal materials are the Circular of the Supreme Court and several Supreme Court decisions related to interfaith marriages in the last three years. The results show that the ratio legis of the Circular of the Supreme Court of the Republic of Indonesia concerning interfaith marriage is to protect Human Rights in line with the principles of maqāṣid al-sharī‘ah such as protection of religion and descent, but on the other hand, it creates conflict with the principles of Human Rights which are also part of the principles of maqāṣid al-sharī‘ah. The researcher argues that the principle of maqāṣid al-sharī'ah should be able to balance religious values and Human Rights in interfaith marriages, by being used as the legal basis and policies related to interfaith marriages. This research can be used as a consideration for policy reform to realize balance and justice for the parties in line with the principle of maqāṣid al-sharī‘ah.
Suara Kosong pada Pilkada Serentak di Indonesia: Perspektif Hukum Tata Negara Islam Mangar, Irma; Tahe , Nur-amimi; Ridho , Muhammad Rosyid; Luluardi, Yunas; Asri Elies, Asri Elies; Sudrajat, Shinta Azzahra
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.07

Abstract

The increasing number of single candidates and blank votes in the simultaneous regional elections is a fact in the democratic process in Indonesia. This paper discusses blank votes in simultaneous regional elections, which are a dilemma in enforcing the principles of democracy. Furthermore, it discusses blank votes from the perspective of Islamic constitutional law. The research method uses normative juridical with a statutory, conceptual and case approach. The results show that the fact of single candidates in the simultaneous regional elections which are legitimized by laws and regulations opens up the opportunity for blank votes to emerge which are "deemed" as a solution in the democratic process in the regions. The author argues that the single candidates and blank votes in the simultaneous regional elections are a dilemma in realizing the principles of democracy. On the one hand, the principles of democracy must be upheld as mandated by the constitution, but on the other hand, the regional election process must continue even with only a single candidate. Islam offers principles in the implementation of state administration, namely prioritizing syura (deliberation), fairness, not siding with the wrong and prioritizing equality. Al-Mawardi emphasized that political practices in the election of state leaders require religion as a moral force, charismatic leaders and justice for all people. That idea is relevant to the principles of democracy in Indonesia, where religion, humanity, unity, deliberation and justice are its basis. This study is expected to be a reflection material to realize a more democratic election.
Kritik Terhadap Keadilan Ekonomi Kontemporer dan Hukum Ekonomi Syariah dalam Tradisi Tompangan Suaidi, Suaidi; Sodiqin, Ali; Rozaki, Abdur
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.01

Abstract

The tradition of tompangan, which was originally a form of social solidarity between residents, has shifted into an informal debt system, with returns exceeding the initial amount given, thus causing injustice and economic inequality. This study discusses the critique of contemporary economic justice and the relevance of Sharia Economic Law to the shift in the tradition of Topangan in Madura. This study uses a qualitative approach with data obtained through interviews and observations. The results of the study indicate that social change and modernization have shifted the traditional value of tompangan, which was originally a grant, into a qardh (debt) contract that tends to be capitalistic. Based on the perspective of Sharia economic law, returns that exceed the amount of the loan can be categorized as usury which is prohibited in Islamic law. This study also found that the community still considers this practice socially legitimate despite the uncertainty and injustice in the return of tompangan goods. Therefore, combining insights from the tompangan tradition with contemporary economic justice theory can open up new perspectives for economic policies that are fairer and more responsive to the needs of local communities and in line with the principles of Sharia economic law.
Metode Qiyas Badan Syariah Nasional Fatwa dan Permasalahan Ekonomi Islam Kontemporer Nuraeni, Neni; Abdullah, Muhammad Najib
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.02

Abstract

The Qiyas method in the formation of fatwas of the National Sharia Board-Indonesian Ulema Council aims to provide legal solutions to contemporary Sharia economic problems that have no precedent in classical Islamic legal texts. Therefore, the Qiyas method must be relevant and responsive to the development of sharia financial institutions. This study discusses the application of the qiyas method in the process of making fatwas of the National Sharia Board-Indonesian Ulema Council, and its implications for contemporary Sharia economic problems. The research method uses normative juridical with a conceptual and philosophical approach. The sources of legal materials are contemporary fatwas from the National Sharia Board, such as Sukuk, Sharia insurance, istishna', Sharia credit cards and others that are relevant. The data collection technique uses documentation studies. The research findings show that the application of the qiyas method in Sharia economic fatwas on sukuk, murabahah financing, Sharia insurance, istishna' financing, and Sharia credit cards shows flexibility towards the development and innovation of contemporary Sharia finance. The qiyas method has implications for maintaining the conformity between contemporary financial products and Sharia principles, increasing the flexibility and dynamics of Sharia economic law, providing legal certainty and standardization in Sharia financial institutions, assisting innovation in Sharia financial products and services, reducing the potential for legal ambiguity and increasing public understanding of sharia economic law.
Legal Reform of Consumer Privacy Rights Protection in Online Transactions Based on Islamic Economic Law Principles Hasanuddin, Hasanuddin; Masuwd, Mowafg; Ridwan, Muhammad; Mustamin, Siti Walida; Saleh, Muhammad; Fitrayani, Fitrayani
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.3

Abstract

Online transactions have the potential to violate consumers' data. However, current regulations do not fully protect consumers' privacy rights and personal data in this era of information technology. This study discusses the renewal of privacy rights protection laws based on the principles of Islamic economic law. Specifically, this study evaluates existing regulations and offers solutions based on the principles of Islamic economic law so that privacy rights protection is safer and more equitable. The research method uses normative juridical with a statutory, conceptual, comparative, and case approach. The results show that Islamic economic law principles prioritizing the values of justice, welfare, and transparency provide a comprehensive legal framework to protect consumers' privacy rights and personal data in online transactions. Applying Islamic economic law principles can increase consumer trust and encourage business actors to be ethically responsible in managing personal data. The proposed legal reform has the potential to create an online transaction ecosystem, especially e-commerce that is fairer, safer, and more sustainable, and protects consumers' privacy rights and personal data, with legal certainty. This research contributes to the law-making of protecting consumer privacy rights and personal data in the current digital era.
Pertarungan Hukum dan Kekuasaan: Bagaimana Gagasan Wilayat al-Faqih Imam Khomeini Mendamaikan Agama dan Negara? Mustopa, Mustopa; Bisri, Hasan
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.04

Abstract

The conflict between law and authority is a tangible issue experienced by numerous nations globally. The law is frequently employed to serve the interests of those in power. Conversely, authority is frequently abused under the guise of law enforcement. This article seeks to elucidate Imam Khomeini’s perspectives on the conflict between law and authority. This research uses a normative legal method by utilizing primary and secondary library sources. Primary literature pertains to Khomeini’s works and texts concerning the concept of wilāyat al-faqīh. Secondary literature pertains to many writings relevant to Khomeini’s ideas and the notion of wilāyat al-faqīh. This study concludes that, according to Khomeini, the relationship between law and power is established within the context of the interaction between religion and state. Khomeini aims to actualize the notion of reconciling legal and state power within the context of religion and the people through the principle of wilāyat al-faqīh. Khomeini’s idea integrates democratic elements with religious doctrines, termed ‘theo-democracy’, nomo-democracy, or religious democracy.

Page 11 of 23 | Total Record : 227

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