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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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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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Pewarna Karmin untuk Produk Makanan dan Kosmetik: Studi Perbandingan Fatwa Indonesia dan Yordania Yusrizal, Navis; Hanna, Siti; Haikal, Muhammad Danial
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.v22i2.05

Abstract

The utilization of the istinbath method in determining the legal framework concerning the use of carmine dye in various fatwa institutions, including the Indonesian Ulema Council and Da'irah al-Ifta' Jordan, remains a subject of ongoing discourse and deliberation. This study compares the istinbath method for determining the carmine law between the Indonesian Ulema Council and Dairah al-Ifta’ Jordan and the istihalah process in manufacturing carmine dye. The research method uses normative juridical with a conceptual approach and comparative law. The findings of this study indicate that the Indonesian Ulema Council and Da’irah al-Ifta’ both permit carmine dye, but with different istinbath methods. The Indonesian Ulema Council likens Carmine to grasshoppers because they have many similarities. On the other hand, Dairah al-Ifta’ considers that carmine dye has undergone the istihalah process. The similarities between the Fatwa of the Indonesian Ulema Council and the Fatwa of Da’irah al-Ifta’ Jordan include: 1) both state that carmine is an insect and, 2) both institutions also state that the use of carmine dye must be based on the condition that it is not harmful to humans. The process of making carmine dye undergoes the istihalah process according to the Hanafi and Maliki schools, involving changing one substance to another and changing from something bad to something good. This research contributes to the development of science related to the determination of the Fatwa on the use of carmine dye and references for the Muslim community in related matters.
Dinamika Politik Hukum Batasan Usia Perkawinan di Indonesia: Antara Norma Agama dan Perubahan Sosial Kafidhoh, Siti; Asyari, Nadzif Ali; Ali Mutakin, Ali Mutakin; Saujan, Iqbal
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.v22i2.06

Abstract

The change in regulations regarding the age limit for marriage in Indonesia is a response to the high rate of child marriage, which still faces various challenges in its implementation. This study examines the debate between tradition and modernity in child marriage practice, the legislative process, and the challenges faced in changing the age limit norms for marriage and marriage dispensation as a legal loophole in enforcing the age limit norms for marriage. The research method employs a normative juridical with statutory and conceptual approaches. The study results show that changes in the age limit norms for marriage aimed to protect children's rights. However, religious norms and social pressure influence its implementation through marriage dispensation in the Religious Court, resulting in inconsistencies in its law enforcement. This condition poses a challenge to harmonize religious norms with social change. This study emphasizes the need for a more transparent and strict marriage dispensation mechanism. In addition, increasing public legal awareness is the key to encouraging social changes that support child protection. Strengthening public awareness and consistent regulations is expected to minimize and suppress the number of child marriages.
Penyelesaian Konflik Keluarga Melalui Mediasi di Indonesia dan Malaysia: Kajian Sosiologi Hukum Islam Ismayawati , Any; Aristoni; Chaedar, Syed Mohammad
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.v22i2.8

Abstract

Integration of mediation or sulh into the judicial system is still believed by the Indonesian and Malaysian people as the right instrument in resolving family conflicts because it offers a humanistic and constructive approach that can solve problems without problems. However, in practice, it is faced with several problems that cause mediation or sulh to be ineffective. This study explores the dynamics of the application of mediation or sulh in resolving family conflicts in Indonesia and Malaysia, which is analyzed using the Islamic legal sociology approach as the basis for the study. The research method uses a sociology of law with a qualitative approach. Data sources were obtained through interviews and literature studies. The results show, the dominant factors influencing the ineffectiveness of the application of mediation or sulh in resolving family conflicts in both countries include: some mediators or sulh employees still have weaknesses in interpersonal skills, limited certified mediators, and the lack of good faith of the parties attending the mediation or sulh process. The sociology of Islamic law views that this reality reflects the weakness of legal structure and culture in complying with mediation regulations and practicing Islamic law. Concrete steps in addressing the root of the problem are needed by improving the quality and quantity of mediators or sulh employees, as well as providing legal education to the community. This study contributes to improving the quality of mediation in the Court as well as to the formation of regulations on mediation.
Human Rights in the Control of Digital Public Space Freedom: A Collaborative Approach Based on Islamic Law Principles Shaleh, Chaerul; Rasyid, Fauzan Ali; Sonjaya, Adang; Abdulrahman, Manswab Mahsen
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.01

Abstract

Internet control has a close relationship with human rights because the digital space is becoming increasingly integral to social, political, and economic life. The purpose of this study is to discuss Internet control policies that support or hinder human rights and identify the right approach to solving problems related to existing problems. The research method adopts a normative juridical approach with a statute and conceptual approach. This study found that internet and social media regulations, namely Electronic Information and Transactions Law, have rubber articles that can be misused to limit freedom of expression, thus having implications for socio-political conditions, namely reducing people’s space to express their opinions, threatening democracy and political participation, including the implementation of Islamic Law in local governments based on Sharia. The researcher argues that a collaborative approach based on Islamic law, which includes truth and honesty (Sidiq), justice and equality (Adil), politeness and respect (Hilm), and preventing damage and conflict (Munkar), can be the most appropriate solution to solve existing problems in Indonesia. This study contributes to the formation and implementation of policies to address potential conflicts between freedom of expression and national security in Indonesia and various countries that have the same problems.
Fraud in the Digital Space: A Comparative Study of Jinayah Fiqh and Indonesian Criminal Law Ahyani, Hisam; Parhan, Parhan; Muhtolib, Muhtolib; Berizi, Ahmad; Nurhasana, Nurhasana; Adnan , Nurul Ilyana Muhd
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.02

Abstract

The development of digital technology has opened the door to various forms of digital crime, including schemes involving fictitious job offers, illegal crypto investments and fake refunds that financially harm victims and potentially lead to money laundering offenses. This article examines digital fraud in Indonesia by comparing Islamic criminal law (Fiqh Jinayah) with Indonesian positive law. This normative juridical research employs statutory, conceptual, comparative, and case study approaches. The findings reveal that the “Remote Mining Network” case illustrates how perpetrators exploit digital anonymity to evade legal oversight. Such practices violate Islamic legal norms, including the prohibitions against gharar (uncertainty) and tadlis (deception), which align with the elements of fraud as defined in the Indonesian Penal Code and the Law on Electronic Information and Transactions. The article concludes that both Islamic and national criminal law aim to protect public interests and individual property rights (hifz al-mal). This study contributes to the development of contemporary fiqh jinayah, while also supporting efforts to enhance legal literacy and protect Muslim communities from the risks of digital crime, in accordance with the principle of hifz al-mal within the framework of maqaṣid al-shari‘ah.
Peace Agreement on Maslahah in Distribution of Inheritance in Sasak Tribe’s Muslim Community Syafi’i, Muhammad; Abdullah, Abdullah; Muslihun, Muslihun; Mutawali, Mutawali; Jamaludin, Husna
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.03

Abstract

In Indonesia, conflicts pertaining to in the division of inheritance among Muslim communities often occur, resulting in family discord. This study examines the implementation and impact of suluh—a peace agreement based on mutual understanding—in resolving conflicts over the division of inheritance. This study was conducted in the Sasak tribe’s Muslim community using qualitative methods and approaches. Results show that suluh in the Sasak tribe’s Muslim community is performed when the testator is alive and when they die. When alive, the distribution of inheritance is based on the principle of need and service in managing the inheritance. Meanwhile, when dead, it is divided equally among male and female heirs based on a certain replacement agreement (takharuj or taṣaluh)—giving all or some assets to one or several heirs and payment of the inheritance price by the other heirs. Suluh has an impact on family harmony and the welfare of economically disadvantaged heirs because of unequal distribution of shares among siblings. Reportedly, female heirs, considering maslahah, voluntarily accepted the distribution of inheritance to maintain harmony and family integrity. This study can serve as a reference for the global Muslim community, which faces the same problems in inheritance law practices that intersect with local culture.
Integration of Maqaṣid al-Shari'ah in the Criminal Law Reform to Achieve Justice and Human Dignity brahim, Zumiyati Sanu; Karimullah, Suud Sarim; Assaad, Andi Istiqlal; Septiani, Rina; Okur, Huseyin
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.04

Abstract

In this postmodern era, when the boundaries between local and global are increasingly blurred, efforts to build a contextual, ethical, and responsive criminal justice system have become an urgent necessity. This study aims to propose a model of criminal law reform based on maqaṣid al-shari'ah that is more humane and just, emphasizing not only the imposition of sanctions or punishments but also the rehabilitation and restoration of offenders. This study is normative-juridical, employing a doctrinal analysis approach and reinforced by various relevant legal theories to provide a philosophical foundation for evaluating the application of maqaṣid al-shari'ah in contemporary criminal law needs. The results state that the integration of maqaṣid al-shari'ah in criminal law reform in Muslim-majority countries, including Indonesia, should not be viewed merely as a symbolic moderation between religious law and human rights, but as a transformative project that requires epistemological courage to overhaul the classical view of legal authority and the meaning of justice. Amidst the wave of globalization that challenges the supremacy of religious law and demands stronger protection of human dignity, maqaṣid is present not merely as passive theological values, but as active principles that require that law protect life, reason, freedom, and social welfare in concrete and measurable ways. The path toward integrating maqasid-based criminal law principles into the modern criminal legal systems of majority-Muslim countries is not a short-term project, as it requires a paradigm shift from a textualist approach to a contextual approach, from legalism to humanism, and from conservatism to intellectual courage.
Moderasi Madzhab dalam Pemikiran Fiqih dan Implikasinya terhadap Perkembangan Hukum Islam di Dunia Modern Achmad, Kholiq; Makrum, Makrum; Anne Haerany, Anne Haerany; Fitri, Ahmad Asrof; Yasin, Raudlotul Firdaus Fatah
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.05

Abstract

A moderate approach to schools of thought in fiqh is relevant for flexibly interpreting the Islamic law amidst the changing times and the challenges of globalization. This study discusses the role of moderation in schools of thought in fiqh and its implications for developing Islamic law in the modern world. By adopting a qualitative approach, collaborated with a conceptual, historical, and critical hermeneutic approach, this study explores the thoughts of contemporary scholars on the relevance of moderation in schools of thought and how it can enrich and adopt Islamic law in the dynamics of the modern society. Results show that moderation in schools of thought can encourage the creation of an inclusive, adaptive understanding of Islamic law and respond to the people’s needs in the era of globalization. However, the application of the school of thought in contemporary Islamic law encounters several limitations and complex structural challenges, including epistemological, sociological and political aspects. This finding highlights the importance of developing a moderate approach to Islamic law, which can strengthen the unity of Muslims amidst diversity and provide applicable and relevant legal solutions in the modern world.
Sanctions for Inheritance Embezzlement in Indonesia: Analysis of Qiyas and Maslahah Dulfikar, Akhmad; Syarjaya, Syibli; Somawinata, Yusuf; Tarihoran, Nafan; Syafuri, B.
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.06

Abstract

Although embezzlement of inheritance property often occurs in Indonesia, Islamic law does not regulate sanctions for embezzlement of inheritance rights, including the Compilation of Islamic Law as the basis for Islamic inheritance law. This study examines the sanctions for embezzlement of inheritance property in Islamic law and how they are applied in Indonesia; it adopts the normative juridical method with statutory, conceptual, and case approaches. The study findings show that in classical fiqh, there are no sanctions for embezzlement of inherited property. However, based on qiyas and mashlahat mursalah, sanctions against embezzlement of inheritance property in Islamic law are in the form of moral sanctions (gibah) and takzir, whose levels are left to the imam and mujtahid. In Indonesia, a case of embezzlement of inheritance property is included in a criminal case. The sanction for this is imprisonment for a maximum of 4 years or a maximum fine of 900 rupiah as laid down in Article 372 of the Criminal Code. The author argues that the criminal sanction based on qiyas is a takzir sanction set by the government. This study offers an integrative normative framework between classical inheritance fiqh and contemporary positive law and provides a clear legal understanding for the protection of inheritance rights.
Constitutional Amendments in Muslim-Majority States: The Case of Indonesia and its Islamic Peers Tampubolon, Muhammad Hatta Roma; Nggilu, Novendri M.; Yassine, Chami; Sahabat, Andi Inar; Ismail, Nurwita
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.07

Abstract

Muslim-majority countries face unique challenges in managing constitutional change because of complex interaction between religion, politics, and law. Formal and informal constitutional amendments occur through legal procedures and judicial interpretation, political practice, and social norms, respectively. This study analyzes the dynamics of these amendments in Muslim-majority countries, focusing on Indonesia, Turkey, Egypt, and Pakistan. The research method used here adopts a normative juridical approach with a comparative approach. Reportedly, Indonesia stands out with a combination of formal amendments, such as the reform of the 1945 Constitution, and informal changes through the Constitutional Court, creating a stable and flexible legal system. In contrast, Egypt and Pakistan show that the pressure of political crises and the influence of the military often hinder the sustainability of formal reforms, although informal change remains an adaptation mechanism. These findings highlight the importance of the social and political context in shaping the path of constitutional change and indicate that informal change can serve as an adaptation tool without the need for legal text revision. The novelty of this study is its simultaneous focus on formal and informal amendments in the Muslim-majority countries, offering a contribution to the literature on global constitutionalism by explaining how informal mechanisms can complement formal reform.

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