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 227 Documents
Harmonizing Gold-Backed Currencies Regulatory Framework in the Global Islamic Financial System Sidik, Heru Muara; Mulyadi, Mulyadi; Santosa , Wahyuningsih; Khan , M. Dawud Arif; Ali, Jati Kasuma
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.v23i1.08

Abstract

This study explores the legal, technological, financial, and ethical dimensions of gold-backed currencies (GBCs) to assess their viability in contemporary financial systems. Using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses of 78 peer-reviewed studies from Scopus and Web of Science published between 2018 and 2024, the study uncovers regulatory inconsistencies across regions, including (under Markets in Crypto-Assets regulations), ASEAN (through OJK’s gold mandate), and Saudi Arabia, thereby impeding the international adoption of blockchain technology for Shariah compliance. While blockchain technology enhances transparency and compliance through smart contracts, it also introduces cybersecurity risks and conflicts with the General Data Protection Regulation (GDPR). Furthermore, Shariah compliance continues to be a subject of contention, with Saudi Arabia raising concerns regarding the classification of intangible assets. In this regard, the review proposes the implementation of an AI-driven liquidity model framework, advocating for a tiered regulatory approach in advanced economies and the establishment of central bank safeguards in emerging markets, while ensuring ethical considerations. By leveraging GBCs, stakeholders can unlock their potential as an inclusive and resilient financial instrument. Future research endeavors should prioritize the development of AI-driven liquidity models and the execution of comparative empirical studies across various geographical regions.
Integrating Neurolaw and Principles of Islamic Law: A Scientific Ethical Model of Criminal Responsibility Fernando, Zico Junius; Hardinanto, Aris; Muksin, Muchlas Rastra Samara; Solehuddin, Solehuddin; Saifulloh, Putra Perdana Ahmad
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.v23i1.09

Abstract

Neurolaw offers an innovative interdisciplinary framework that bridges the gap between neuroscience and legal theory and providing new insights into how human brain influences behavior, intention, and moral decision-making. This study examines the intersection of neurolaw and Islamic law, emphasizing the importance of integrating neuroscience findings, such as brain function, decision-making processes, and mental disorders, into Islamic law’s understanding of criminal responsibility, intention (niyyah), and reasoning (ʿaql). This study demonstrates the potential of neurolaw to strengthen empathy, justice, and an evidence-based legal approach in Islamic law using normative legal research methods through legislative, conceptual, comparative, and futuristic approaches. Furthermore, this study explores how Islamic law’s values of justice, objectivity, and responsibility can serve as ethical guidelines for the responsible use of neuroscience in legal reasoning. Ultimately, this study encourages a careful and principled integration of brain science and Islamic law that maintains fundamental Islamic values while embracing scientific advancements to create a more holistic and humane justice system.
Combating Corruption Offenses: Foreign Experience, Theoretical, Practical, Legal Regulations, and Improvement Leheza, Yevhen; Kulinich , Olha; Zhuravlova , Tetiana; Khainatskyi , Yevhen; Sainchyn , Serhiy
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.v23i1.10

Abstract

This research explores preventative strategies, law enforcement frameworks, and the pivotal roles of specialized anti-corruption agencies, alongside the vital component of international collaboration using a global approach in combating corruption crimes, by examining successful strategies implemented in various countries. A closer look will be given to the methodologies used in Singapore, Hong Kong, the United Arab Emirates, Saudi Arabia, Malaysia, Indonesia, and Northern European countries, with an emphasis on practical takeaways that can refine Ukraine's own anti-corruption initiatives. An examination of successful international practices reveals that effective anti-corruption efforts must begin with robust preventive strategies designed to limit opportunities for corruption. These foundational elements include: increased transparency and openness within government operations; comprehensive reform of public administration and human resource management; utilizing digitalization to reduce human involvement; effective management of conflicts of interest and ethical codes; and providing adequate protection for whistleblowers. Furthermore, tackling corruption, particularly in its transnational forms, requires active international collaboration. Critical to this endeavor are instruments such as mutual legal assistance, extradition agreements, and the exchange of intelligence among international law enforcement agencies (illustrated by collaborative efforts within organizations like Europol and Interpol).
OPTIMALISASI PERANGKAT DAN METODE IJTIHAD SEBAGAI UPAYA MODERNISASI HUKUM ISLAM (Studi Pemikiran Hassan Hanafi dalam Kitab Min an-Nash Ilā al-Wāqi’) Imam Mustofa
Jurnal Hukum Islam Vol 9 No 2 (2011)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v9i1.585

Abstract

This paper endeavors to explain the decline of Islam which is caused by stagnation of interpretation in its jurisprudence (fiqh), with no exertion in finding a new interpretation or understanding. To change the situation, we have to shift our paradigm to Islamic jurisprudence (fiqh) and principles of jurisprudence (usul al- fiqh) perceptions with a new understanding. Hassan Hanafi has contributed an excellent thought to reconstruct the stagnancy of Muslim world in order to modernize its jurisprudence with his writing, “Min an-Nash ilā al-Wāqi’”. In his article, Hanafi presented an innovative methodology in understanding the fiqh through integration between ra’yu and wahyu.
ETIKA ISLAM DALAM MANAJEMEN KEUANGAN Safrudin Arif Marah Manunggal
Jurnal Hukum Islam Vol 9 No 2 (2011)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v9i1.586

Abstract

This article tries to enlighten the Islamic ethical system in finance management. In principle, Islamic finance management has to grip the profits-and- loses sharing as a substitute of interest used by Islamic finance institutions. Now days many “Islamic” bankings are attempting to go behind the system. We study financial instruments used by Islamic finance institutions and find that most are not based on profit-and-loss sharing (equity) but, instead, are very debtlike in nature. We try to understand any departures from traditional Islamic principles in the types of transactions offered. We suggest an economic rationale for the constraints imposed on Islamic finance institutions and try to determine if these constraints are likely to be social welfare improving. We also examine the types of projects in which Islamic institutions invest. In this process we hope to shed some light on the efficiency of Islamic finance management and Islamic economies.
REAKTUALISASI TEORI HUKUMAN DALAM HUKUM PIDANA ISLAM Siti Jahroh
Jurnal Hukum Islam Vol 9 No 2 (2011)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v9i1.588

Abstract

In any study of the criminal law is considered the most important aspect is the study of punishment that will be imposed on offenders. Therefore, a proportionate and contextual understanding of the philosophy of punishment in the study of Islamic criminal law becomes very important to be discussed in depth. Here the location of significance of this paper, namely to re-understanding (renewal) of Islamic criminal law doctrine that while this is often 'marginalized' because it is inhuman, cruel and ruthless. Two important aspects in the theory of punishment (aspects of compensation/retribution and aspects of deterrence) to be the main focus in the discussion of this paper.
ISLAM DAN KEBERAGAMAN (KEMAJEMUKAN) Ade Dedi Rohayana
Jurnal Hukum Islam Vol 9 No 2 (2011)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v9i1.589

Abstract

This article attempts to observe the significance and relevance of relation between Islam and pluralism. Historically, the idea of pluralism was adopted from the Prophet Muhammad PBUH when he lived in Madina. In this region, he lived in the heterogenic society together with different religions, races, colors, and tribes. There are some verses in the Qur’an and sayings of Prophet Muhammad for pluralism. From these verse and hadiths we can understand that Islam recognizes the pluralism. In doing so, we cannot deny that this thought become the important concepts of inclusivism’s implementation in Indonesia. Only these discussions are good advantages and positive sides for pluralism on behalf of Islam.
PRINSIP-PRINSIP PENANGANAN KEMISKINAN DI MADINAH PADA MASA NABI MUHAMMAD SAW Arif Chasanul Muna
Jurnal Hukum Islam Vol 9 No 2 (2011)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v9i1.590

Abstract

This article endeavors to observe our prophet PBUH’s efforts in alleviating the poverty in Madina after his hijrah. The relevance compilations of hadiths (sayings and doings of the prophet PBUH) are described as historical sources to see the methods and the means of the prophet PBUH in eradicating the poverty. These hadiths are explained not only to be interpreted literally, but contextually. In doing so, this writing would be started by depicting the city of Madina with its economic activities and poverty’s problem that emerged after the hijrah. The response and the manner of the prophet PBUH in alleviating the poverty will be explaining afterward.
ETIKA BISNIS PERSPEKTIF ISLAM Aris Baidowi
Jurnal Hukum Islam Vol 9 No 2 (2011)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v9i1.591

Abstract

This paper attempts to explain business ethics from Islamic perspective. Ethics is a code or set of principles that distinguish what is right from what is wrong. Ethics is a part of philosophy that discussed rationally and intensively the values, norms, and moralities. The reality of Muslim world which face the economical backward and dependent on developed countries has played an important role in creating collective thought and vision to develop their economic activities based on the Islamic ethical system. This ethics has become an important guideline to whole economic activities in the Muslim world. In doing so, the Islamic business ethics has to become a basis of practical guidance which leads them to religious consciousness in entire of economic activities.
POTENSI DAN STRATEGI PENGEMBANGAN BANK SYARI’AH DI INDONESIA: KAJIAN PRODUK SYARI’AH DARI SEGI FIQIH MU’AMALAT Anny Ratnawati
Jurnal Hukum Islam Vol 9 No 2 (2011)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v9i1.592

Abstract

At the present, Indonesia operate dual banking system that are conventional banking system with its interest rate runs side by side and the Islamic banking with the profit-sharing/non-interest system of its own. Islamic banking using fiqih mu’amalat as the basic theory in the syari’ah product. In general, community’s respond toward Islamic bank is good relatively that shown by the trend of Third Parties Funding and Financing to Deposit Ratio with low level of Non Performing Loan. This paper assess the consumer’s preference toward both conventional and Islamic banking, in related with analysis of potency and development strategy of Islamic banking in Indonesia by using fiqih mu’amalat as the basic theory. The analysis of data by using qualitatively (descriptive) analysis, cross tabulation, and logistic regression model. Literature study used in this paper. In general, community’s attitude toward interest rate system still ambiguous, that are interest rate is contrary to syari’ah of Islam, meanwhile in banking transaction they still use conventional system. The reasons that motivate consumer to adopt Islamic banking related to professionalism of bank, security, and pleasure in doing transaction, strategic location, and the implementation of syari’ah system. However, community still has difficulties to comprehend the technical term of Islamic banking. Thus, socialization and education process about economic system of Islam (syari’ah economic) designate necessary requirement in encourage the development of Islamic banking in the future.