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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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AGENCY THEORY DALAM PERSPEKTIF ISLAM Mariska Dewi Anggraeni
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.v9i1.593

Abstract

Since agency theory was founded in 1970 by accountancy experts in the United States, the reliability of accountancy role as information media for people outside company was questioned. Agency theory explaining risk problem between prinsipals and agents resulted from cooperation between prinsipals and agents frequently discusses the role of accounting information as relating media between both sides. The insight discrepancy between prinsipals and agents and the information difference of agents make agents often report invalid asymmetric information to earn expected advantages. This moral hazard urges the prinsipals to implement controlling system to watch management behaviors as amanah holders.
Fragmen Kajian Hukum Islam di Perguruan Tinggi Keagamaan Islam Indonesia Wildani Hefni
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1278

Abstract

This current study aims to discuss the concept of Islamic law studies in Indonesia’s Islamic higher education institutions by analyzing the lecturers’ research findings in a wide range of 2010 to 2015. A qualitative method was employed in this study by scrutinizing the lecturers’ scholarly piece on Islamic law studies as the primary data. Dealing with the data, this research carried out an intellectual history approach. The collected data were analyzed by using content analysis and based on the archeology of knowledge theory. The paper has revealed that the development of the Islamic law studies would be highly integrated with social changes. This result highlights that the Islamic law studies have experienced a dynamic process that is indicated by new perspectives even though they emerge from old approaches. The transformation process of the Islamic law studies is signaled by various social changes. It is demonstrated by the use of social sciences concerning the pattern and characteristics of its construction. Those changes can be noticed in the fragment of the Islamic law studies done by the lecturers in the Islamic universities that have rapidly developed into perfoming the pattern of integrative studies in a variety of approaches, methods, and construct analyses.
Penetapan Awal Bulan Qamariyah dalam Perspektif Maqāṣid Al-shari’ah Ahmad Fauzan
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1301

Abstract

Determining the first day of Qamariah months (Islamic calendar), particularly Ramadhan, Syawal, and Dzulhijjah, is deemed to be an interesting issue since the difference in time comes to the surface. This difference raises a debate among the government, Islamic mass organizations, and other parties almost every year in Indonesia. For instance, the difference in determining the first day of Syawal occurred in the era of New Order following the existence of Hisab and Rukyat Agency (BHR) in 1985, 1992, 1993, and 1998. The similar difference took place again in 2002, 2006, 2007, 2010, and 2011. The present study reveals that the tendency of this issue is caused by the height of hilal (the crescent moon) and the approach in determining the first day of Qamariah months. Maqasid al-shariah (sharia goals) promoted by Jasser Audah with several methods, namely: nature cognition, interrelated hierarchy, wholeness, openness, multi- dimensionality, and purposefulness, propose problem-solving in determining the first day of these months. This study highlights that the government has been less assertive in stipulating the time that should be followed by Indonesian Muslims regarding this difference. The government, the representation of imam (leader), is obliged to facilitate and support the implementation of worship in its totality, enhance unity in diversity to minimize a number of conflicts, and realize the common good by demonstrating the renewal of the National Institute of Aeronautics and Space (LAPAN) criteria (maslaḥat 'āmmah).
Fase-Fase Bulan (Kajian Akurasi Perhitungan Data New Moon dan Full Moon dengan Algoritma Jean Meeus untuk Bulan Kamariah) li'izza diana manzil
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1275

Abstract

Generally, the Moon has four distinct phases, namely: New Moon, First Quarter, Full Moon, and Last Quarter. In contrast to the other two phases, the New Moon and Full Moon phases are frequently used in the studies discussing Qamariah months since they cope with Muslim worship such as salat (prayers), fasting, hajj, and so on. Various methods have been employed for the calculation of the New Moon and Full Moon, ranging from ‘taqribi’, ‘haqiqi’, and contemporary methods. The calculation of Jean Meeus’ algorithm is often presented in those studies. This kind of calculation is carried out to explore the Julian Day (JD) investigating when New Moon and Full Moon occur in the Qamariah months. The Jean Meeus’ algorithm data were taken into account of Ramadhan 1430 H. The calculation result was compared to the ephemeris method and ‘mawaqit’ application to examine the level of accuracy. This study promotes that the difference is not too significant so that the calculation result is able to be used as the ‘hisab’ (calculation) of the first day of Qamariah months.
"Tinjauan Terhadap Perjanjian Baku pada Akad Pembiayaan Syariah Menurut Hukum Islam (Analisis Terhadap Akad No. 007/WKL/UMS/0117/9310/IV/2013 BRI Syariah)" zulkifli Zulkifli; Musrifah; Madona Khairunisa
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1393

Abstract

Some literature suggests that Islamic banking, particularly in terms of financing agreement, always employs standard contracts. The contracts are agreement to the clauses that have already been established unilaterally by one party possessing a stronger position; the party is the bank. Consequently, customers basically cannot negotiate for the content of the contracts. It is worth mentioning that the unilateral decision is contrary to the Surah An-Nisa Verse 29 asserting that trade should be based on a consensus between two parties. The research findings reveal that the standard contracts can be justified in the view of Islam since it is a ‘mubah’ case that is not prohibited by the Qur’an in relation to ‘qath’y’, especially the ‘maqasid’ (purposes) of the standard contracts for the sake of ease and acceleration in the contracts. For instance, the contract No. 007/WKL/UMS/0117/9310/IV/2013 BRI Syariah is actually in accordance with sharia principles. This contract discusses the time for purchasing goods dealing with ‘murabahah’ (cost plus profit) financing, but the implementation of the contract is deemed inappropriate according to the sharia principles.
Hukum Islam di Lingkungan Badan Peradilan Agama Di Indonesia Dahwadin 
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1395

Abstract

The Islamic law that is applied in Indonesia’s religious courts possesses the functions as they are stipulated to be the principles of Islamic law and the legal principles existing in this country. One of the principles in the religious courts is to provide justice according to law and equality. In this principle, the religious courts seek to serve the citizens without discrimination. A literature review with a qualitative approach and content analysis was employed in this study. This research reveals that the values of justice that are worthy to be received by justice seekers can be realized through the investigation in the religious courts which is led by a judicial panel so as to reach a verdict. In addition, the law enforcement is very pivotal to promote legal justice in the Indonesia’s religious courts.
Pelanggaran Masa Iddah Eky Fallah Septiani; Muhammad Hasan Bisyri
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1394

Abstract

This present study aims to explore various factors affecting some residents in Pasirkratonkramat village, West Pekalongan sub-district, Pekalongan city in violating ‘iddah’ (a waiting period that must be observed by women after both a divorce and death of their spouse). A qualitative approach presenting data of descriptive analytics was employed in this socio-legal study. The widows who were in the iddah, their husband, and parents participated in this research. This study reveals that all of the nine widows did not apply the iddah appropriately in relation to Islamic law and the compilation of Islamic laws. In reality, the widows were in a relationship, accepted a marriage proposal, or even married the man in the iddah. This fact was due to several factors, namely: low educational, economic, work environmental, and social (lifestyle) backgrounds. Additionally, the results have exposed that the violation of the iddah was caused by the low level of legal awareness performed in this village by regarding four indicators. First, the residents’ knowledge of this paradigm was still low. Second, the people’s understanding did not affirm the rules of iddah asserted in Islamic law. Third, they showed low level of attitudes toward the terms and conditions of iddah. Lastly, their law-based behavior distorted the principles of iddah. Therefore, the legal awareness of the people in this village was categorized into the low level.
Kontekstualisasi Hukum Keluarga Islam di Indonesia Qodariah Barkah
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1397

Abstract

The protection of the human rights of women and children can be noticed in the law or constitution that promotes the reform of family law in Indonesia, particularly for Muslims. It aims to assure legal certainty for the lives of women, wives, mothers, and children to be protected. Islamic family law in Muslim countries, especially in Indonesia, highlights a different position for Muslims since it is pivotal to maintain the family’s security and comfort. This paper tries to elaborate the implementation of Islamic Family Law stipulated in the Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. A qualitative design was employed in this current study. The collected data were retrieved from books, journal articles, and other references relevant to this study as the primary data, whereas the secondary ones were obtained from the literature related to this study. The research findings expose that Islamic family law in Indonesia still requires to be greatly taken into account so that the well-established goals of Muslim families can be achieved to assure the women and children rights, specifically for their everyday lives and inheritance.
Studi Kritis Fatwa DSN NO. 15/ DSN-MUI/ IX/ 2000 Tentang Prinsip Distribusi Hasil Usaha Dalam Lembaga Keuangan Syariah Karimatul Khasanah
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1398

Abstract

This article explores Fatwa No. 15/DSN-MUI/IX/2000 concerning the Principles of Revenue Sharing in Sharia Financial Institutions, in which according to this fatwa, these institutions can choose two revenue sharing principles, namely: profit sharing and net revenue sharing. Interestingly, the second point of the first general provision in this fatwa asserts that considering the benefits (al-ashlah), the principle of net revenue sharing should be used in the revenue sharing. The words ‘benefit’ and ‘preferably’ have given a great impact on the principle of the net revenue sharing taken into account by the sharia financial institutions nowadays. It can be noticed that there have not been sharia financial institutions that establish the profit sharing in terms of the revenue sharing principles. By employing a critical study toward the revenue sharing theory concerning sharia principles, this study reveals that the net revenue sharing principle did not represent justice to the transacting parties, whereas the profit sharing one demonstrated better justice. Consequently, the fatwa No. 15/DSN-MUI/IX/2000 needs to be reconstructed by eliminating the second point stipulated in the general provision. Few changes in the second point of this fatwa would show a greater effect on the activities and principles determined by the financial institutions in the future.
BPJS Kesehatan dalam Perspektif Hukum Islam (Studi Fatwa Majelis Ulama Indonesia dan Fatwa Nahdlatul Ulama) Mughni Labib
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1738

Abstract

This paper elaborates the fatwa of the Healthcare and Social Security Agency (BPJS Kesehatan) issued by the Indonesian Ulema Council (MUI) and Nahdlatul Ulama (NU), Indonesia’s largest Muslim organization. The MUI and NU declared their own fatwa on BPJS Kesehatan. The MUI labeled that BPJS Kesehatan contravened Islamic law, whereas the NU promoted that the national health insurance aligns with the law. These two fatwas trigger polemic in the country. A qualitative study was designed by employing usul al-fiqh (Islamic jurisprudence) and sociological approaches. The study used documentation and interviews to collect data concerning the MUI and NU fatwas on BPJS Kesehatan. The interactive model of Miles & Huberman was adopted to analyze the data. The results reveal that the issuance of the MUI and NU contradictory fatwas against BPJS Kesehatan was due to the use of different Islamic sources (dalil) and overlooks in drafting the edicts. The MUI emphasized more on several elements involved in the health insurance that were inconsistent with sharia law such as riba (interest), gharar (uncertainty), and maisir (gambling). Conversely, the NU highlighted a formal aspect stipulating that BPJS Kesehatan represented a social agency that benefited lots of people. This study also points out that some factors causing the variety of fatwas on BPJS Kesehatan between the MUI and NU covered the understanding and application of the dalil in relation to the edict formulation and the influence of socio-political atmospheres at the time of fatwa issuance.

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