Jurnal Hukum Islam
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.
Articles
227 Documents
<![CDATA[Konstruksi Filosofis Fatwa DSN-MUI ]]>
<![CDATA[Mohammad Fateh]]>
<![CDATA[ Jurnal Hukum Islam Vol 16 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1736
<![CDATA[This article aims to examine the method of ijtihad (independent reasoning) that is applied in constructing the fatwas issued by the National Sharia Council (DSN) under the Indonesian Ulema Council (MUI) as well as its philosophical values by deeming the use of fiqh (Islamic jurisprudence) rules in terms of maslahah (benefits). A qualitative approach was employed in the study by exploring the DSN-MUI fatwas enacted ranging from 2000 to 2017. This present study highlights that the DSN-MUI used three approaches in establishing its fatwas, namely: naṣ qaṭ’i (definitive Islamic law in the Qur’an and Hadith), qauli (Muslim scholars’ perspectives), and manhaj (methodological interpretation). Additionally, the DSN-MUI completely concerned maṣālih ‘āmmah (public interests) and the objectives of Islamic law (maqāsid ash-shari’ah). Another finding promotes that 37 different types of fiqh rules were applied in the DSN-MUI fatwas, which were repeated 242 times. The Islamic jurisprudence rule that was widely implemented covered “the legal origins of muamalat (transactions) are permissible as there are no Islamic sources (dalil) that forbid them”. The quantity of use was 78 times with a percentage of 32.2. Furthermore, it can be noticed that 11 fiqh rules internalizing philosophical values were repeated 112 times. This study also offers that it is noteworthy to provide more norms of maqāsid ash-shari’a since there are lots of current issues in muamalat that have no legal considerations in the naṣ qaṭ’i.]]>
<![CDATA[Studi Fatwa Nahdlatul Ulama (NU) No. 005/MNU-33/VIII/2015 Tentang Hukum Alih Fungsi Lahan Perspektif Maslahah ]]>
<![CDATA[Sulhani Hermawan]]>
<![CDATA[ Jurnal Hukum Islam Vol 16 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1743
<![CDATA[This paper highlights that Nahdlatul Ulama (NU), Indonesia’s largest Muslim organizations,contributes its basic principles to food sovereigntyover the country. One of the national contributions is demonstrated throughthe fatwa No. 005/MNU-33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Lawissued when holding the 33rd NU national congress (muktamar) in Jombang, East Java.The fatwa issuance denotes an alternative to enhance Indonesia’s food sovereignty. This present study aims to investigate the Islamic edict concerning land use conversion law in the perspective of maslahah (public interests/benefits). A qualitative approach was employed in this library research. The fatwa No. 005/MNU- 33/VIII/2015 in Bahtsul Masa’il ad-Diniyyah al-Waqi’iyyah point VII on Land Use Conversion Law was used as the primary data. The study applies the theory of maslahah to analyze the data. The finding promotes that the law argument over the haram aspect of the land use conversion in the fatwa indicates the existence of maslahah and the prevention of darar (harm conditions) due to the land conversion.]]>
<![CDATA[Maqasid Al-Syari’ah Mazhab Syafi’i dan Urgensinya dalam Ijtihad Kontemporer ]]>
<![CDATA[Holilur Rohman]]>
<![CDATA[ Jurnal Hukum Islam Vol 16 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1737
<![CDATA[This paper explores the aspect of maqasid al-shari’ah in the Shafi’i madhab (school of Islamic jurisprudence) and the urgency of the maqasid al-shari’ah (Islamic law objectives) of the Shafi’i madhab in the ijtihad (independent reasoning) of contemporary Islamic law. A qualitative descriptive approach was designed in this literature study. The present study promotes that the aspect of maqasid al-shari’ah in the Shafi’i madhab can be noticed in qiyas (analogical reasoning). The Shafi’i madhab concerns al-Juwaini’s (a prominent Sunni figure) ideas and thoughts to classify al-maslahah al-daruriyyah (primary interests), al- hajiyyah (secondary interests), and al-tahsiniyyah (complimentary interests). Likewise, al- Ghazali’s (another influential Mulism jurist) views on about al-daruriyyah al-khams (five categories of primary interests) in al-Mustasfa, his greatest work of the law, becomes the basic guideline on the Islamic law issuance in this school of thoughts. Maqasid al-shari’ah, the foundation for ijtihad, in the Shafi’i madhab is employed when a new issue has no legal considerations at all in the past and needs to possess a legal certainty, or there has been a decision, but it requires re-ijtihad since the legal decision does not confirm the current conditions. Additionally, the re-ijtihad is also attempted due to different aspects of public interests/benefits. It, therefore, needs a new consideration that differs from the previous law.]]>
<![CDATA[Problematika Konsep Kafa’ah dalam Fiqih (Kritik dan Reinterpretasi) ]]>
<![CDATA[Ali Muhtarom]]>
<![CDATA[ Jurnal Hukum Islam Vol 16 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1739
<![CDATA[The concept of kafaah (equality) in Islamic marriage aims to avoid the negative impact of inequality between husband and wife in terms of physical appearance, heredity, wealth, and religion. Nonetheless, the aspect of equality in various respects may trigger a negative effect; it is caste as a closed social stratification system that contradicts Islamic teachings. This present study aims to explore the problematic factors that emerge from the application of the kafaah concept and tries to reconceptualize kafaah in realizing an Islamic marriage that does not characterize a caste system. A qualitative approach was designed in this library research. The findings expose that the criteria in the concept of kafaah, excluding religion, may lead to social stratification and even discrimination in society, specifically for marital life. Consequently, it is noteworthy to re-understand the concept of kafaah, which is emphasized more on religion rather than other criteria.]]>
<![CDATA[Filosofi Dasar Akad Murabahah dan Mudarabah: Studi Perbandingan dalam Upaya Menggerakkan Sektor Riil ]]>
<![CDATA[Ahmad Munif]]>
<![CDATA[ Jurnal Hukum Islam Vol 16 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1744
<![CDATA[The concept of kafaah (equality) in Islamic marriage aims to avoid the negative impact of inequality between husband and wife in terms of physical appearance, heredity, wealth, and religion. Nonetheless, the aspect of equality in various respects may trigger a negative effect; it is caste as a closed social stratification system that contradicts Islamic teachings. This present study aims to explore the problematic factors that emerge from the application of the kafaah concept and tries to reconceptualize kafaah in realizing an Islamic marriage that does not characterize a caste system. A qualitative approach was designed in this library research. The findings expose that the criteria in the concept of kafaah, excluding religion, may lead to social stratification and even discrimination in society, specifically for marital life. Consequently, it is noteworthy to re-understand the concept of kafaah, which is emphasized more on religion rather than other criteria.]]>
<![CDATA[Wakaf Uang Untuk Infrastruktur Dalam Prespektif Hukum Islam ]]>
<![CDATA[Fadhlullah Mudzakkir]]>;
<![CDATA[Tarmidzi]]>
<![CDATA[ Jurnal Hukum Islam Vol 16 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v16i2.1741
<![CDATA[This present study aims to explore cash waqf (Islamic endowment) for infrastructure in the perspective of Islamic law. Cash waqf may serve as an alternative to increase Indonesia’s economy and reduce the gap between rich and poor. It is worth mentioning to promote that one way to maximize the role of cash waqf is through infrastructure investment. A juridical and normative approach was designed in this library research. This study demonstrates that cash waqf is deemed sunnah (recommended) in relation to its maslahah (public benefits) and the Islamic law of cash waqf. Meanwhile, the Indonesian Ulema Council (MUI) issues a fatwa declaring that cash waqf is jawaz (permissible). This kind of waqf can only be distributed and used for the public interests that are allowed in sharia law, and the principal value of the cash waqf must be guaranteed for its sustainability. It implies that cash waqf may not be sold, granted, and/or inherited.]]>
<![CDATA[PENGARUH GLOBALISASI TERHADAP POLITIK HUKUM BERBASIS PERLINDUNGAN HAM DI INDONESIA ]]>
<![CDATA[Shinta Dewi Rismawati, Shinta Dewi Rismawati]]>
<![CDATA[ Jurnal Hukum Islam Vol 10 No 1 (2012) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v10i1.572
<![CDATA[In the Era of Globalization, human rights has become one of the international political commodities that can be used by international agencies and foreign countries to pressure the regime of a nation. Therefore, Indonesian government as a part of global communities has to establish a legal politics (legal policy) that promotes on the protection of human rights. It is a strategic tool that can be applied for coloring, characterizing, and forming the legal system. This article tries to see the concrete manifestation of the legal politics (legal policy) which has been presented in the form of legal institutions that provide recognition and protection of human rights for the people of Indonesia.]]>
<![CDATA[WAKAF SEBAGAI SOLUSI PERMASALAHAN-PERMASALAHAN DUNIA PENDIDIKAN DI INDONESIA ]]>
<![CDATA[Ahmad Furqon]]>
<![CDATA[ Jurnal Hukum Islam Vol 10 No 1 (2012) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v10i1.573
<![CDATA[Education is the mainkey for improving the quality of civilization and human resources. Education in Indonesia facing a wide range of educational issues, such as collapsing school buildings, children drop out of school because of the expensive cost, teachers who lack of focus on teaching due to restricted honors received, etc. Islam has the solutions for those problems through waqf instrument. Waqf is a typical Islamic financing instrument that can be a solution to the problems of education in Indonesia. This paper attempts to discuss the role of endowments for the development of education, and the steps that must be done so that endowments can be a solution to the problems of education in Indonesia. From the discussion, it can be concluded that Indonesia has a huge potential asset of waqf to be developed, ie the number of waqf land and the very large endowments of money as waqf. Waqf must be managed by an independent charitable organization, professional, trustworthy and focusing on productive forms of waqf.]]>
<![CDATA[MENGURAI KONFLIK KOREKSI ARAH KIBLAT DI TENGAH-TENGAH MASARAKAT ]]>
<![CDATA[Jayusman]]>
<![CDATA[ Jurnal Hukum Islam Vol 10 No 1 (2012) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v10i1.574
<![CDATA[The accurate Qibla direction has significant contribution to the perfection of Muslim’s praying (shalat). It is very tough to pray with a completely straight position towards the Qibla. In addition, to build a mosque with accurate Qibla direction is not easy. It may have been measured properly but there was a shift in its development. The position of mosque where they were praying may shift a few degrees from the accurate direction of Qibla. Therefore, this paper will discuss the Qibla direction in order to avoid the difficulty in praying.]]>
<![CDATA[PERKEMBANGAN PEMIKIRAN HUKUM DALAM MUHAMMADIYAH ]]>
<![CDATA[Dian Berkah]]>
<![CDATA[ Jurnal Hukum Islam Vol 10 No 1 (2012) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v10i1.575
<![CDATA[This paper is studying development of legal though engendered by Majlis Tarjih Muhammadiyah. Development of human interaction is very balance with the need of law as human control. However, it has unbalance relation with the law product which is produced. Therefore, it should produce the new law product as a human life foundation which has not been punished explicitly in al-Quran and al-Hadits. This matter needs concrete action in looking for new law from both sources of Moslem which are called ijtihad. This action is developed widely by social-religious organization such as Muhammadiyah. Furthermore this organization established Majlis Tarjih in 1927 as a place for ijtihad which is grown till now. In its actions, Muhammadiyah has made several law-thinking which follow the methods development of ijtihad, branding, and also it is not far from the recent situation and condition.]]>
