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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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Tren Mahar di Era Digital (Tinjauan Sosiologi Hukum Islam Penggunaan Mahar Digital di Komunitas Dunia Cyber) Ita
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3754

Abstract

In the digital era, the reality of the real world gets a challenge from cyberspace. Everything that can be done in the real world can also be done in cyberspace. The economic potential does not only exist in the real world, even in cyberspace, it is much more promising. The trend in the implementation of marriage today is to use the economic potential in cyberspace as a marriage dowry, for example, bit coins, gopay balances, google adsense and unlimited hosting that the couple recently used as their marriage dowry. This paper intends to examine the new trends in the digital age community in terms of marriage dowries, how this new trend is formed and what the normative response looks like. How this trend in the cyber community emerges is studied using Michael Heim's theory of virtual reality and Peter L. Berger's theory of the dialectic of social reality formation. Based on the theory of Peter l. Berger, the tendency of couples to use digital dowries in the digital era cannot be separated from the institutionalization of the digital world itself in the cyber community. The institutionalization takes place through a dialectic between objectification, internalization and externalization. The use of digital dowries is a form of community externalization that confirms the existence of virtual worlds into rival realities for the real world. Based on Michael Heim's theory, the use of digital dowries is caused by the characteristics of the virtual world that resemble the real world, making it easier to institutionalize in the cyber community. From a normative point of view, the dowry of the digital era does not contradict the terms and conditions in Islamic law because it has the same beneficial value as that in the real world.
Urgency of Akad as Sharia Economic Consumer Protection Against Rahn Transaction Ika; Yunus, Nur Rohim
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3570

Abstract

This study aims to determine the urgency of the pawn transaction akad (agreement) between consumers and sharia pawning institutions. The conceptual approach is the approach used in normative research, as well as the analytical approach needed in normative research. Primary sources are taken from books, journals, proceedings, statutory regulations, and Islamic economic law. The results of this research show that the protection of customers of rahn transactions (pawning) is a very important part of applying the principle of pleasure and the principle of justice between debtors and creditors as outlined in a written form called a contract (akad) or agreement. Customer protection can occur, if the harmonious and legal conditions of the contract (contract) are fulfilled by implementing the principle of equality and equality (al-musawah), in which the parties who contract an agreement have a very close relationship to fulfill their rights and obligations, of course. done by both of them for the performance in the contract to be effective.
Tanggung Jawab BPKH Terhadap Dana Haji yang Diinvestasikan Berdasarkan Akad Mudharabah Muqayyadah Nova
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3883

Abstract

Artikel ini bertujuan untuk menganalisis alasan diwajibkannya akad wakalah bagi calon jamaah haji kepada Badan Pengelola Keuangan Haji (BPKH) untuk mengelola dana haji, serta bagaimana tanggung jawab BPKH dalam pengelolaan dana haji yang diinvestasikan oleh BPKH bekerja sama dengan Bank Penerima Setoran Biaya Penyelenggaraan Ibadah Haji (BPS BPIH) selaku Bank Peserta LPS. Jenis artikel ini yuridis normatif, dengan pendekatan konsep dan perundang-undangan, menggunakan data sekunder berupa perundang-undangan, buku-buku dan jurnal hukum. Hasil penelitian menunjukkan bahwa: Pertama, perjanjian akad wakalah yang ditandatangani oleh calon jamaah haji pada saat melakukan penyetoran awal dana haji atau Biaya Penyelenggaraan Ibadah Haji (BPIH) kepada BPS BPIH bersifat wajib, karena merupakan syarat mutlak yang ditentukan oleh undang-undang bagi setiap orang yang mendaftarkan haji. Kedua, BPKH bertanggung jawab untuk mengganti kerugian secara renteng antar anggota badan pelaksana dan dewan pengawas atas dana haji yang diinvestasikan oleh BPKH yang dilakukan berdasarkan perjanjian kerjasama usaha (akad mudhorobah muqayyadah) dengan BPS BPIH. Oleh karena itu, untuk melindungi dana haji, ketentuan Pasal 53 ayat (1) UUPKH perlu direvisi dengan memperluas cakupan pihakpihak yang bertanggung jawab secara renteng dalam penginvestasian dana haji, termasuk dengan memasukkan BPS BPIH, apabila investasi itu dilakukan oleh BPKH bekerja sama dengan BPS BPIH.
Online Dispute Resolution (ODR) As an Alternative Dispute Resolution of The Current Sharia Economics Issues in Indonesia Karimatul; Adinugraha, Hendri Hermawan; Mayangsari, Putri Ayu
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3628

Abstract

The development of sharia business activities and Islamic Financial Institutions in Indonesia can dispute the parties. Therefore, it is necessary to resolve disputes by current conditions where almost all activities are carried out quickly and efficiently through the help of the internet. This paper analyzes the legality of ODR in Indonesia and ODR from the perspective of sharia economic law. The method used is documentation with a normative juridical approach. The results showed that ODR is an effective method chosen by the parties in resolving sharia economic disputes because it is by current needs which require all activities quickly and easily. ODR also has a clear legal basis through Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In the perspective of sharia economic law, as long as the principles, objectives, and mechanisms of ODR do not conflict with sharia principles, then ODR is the right choice in resolving disputes on the sharia economy of Indonesia
Justice Negotiations for Women: Divorce Cases Due to Domestic Violence in Religious Courts Bani Syarif Maula; Ariyanti , Vivi
Jurnal Hukum Islam Vol 20 No 1 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i1.6024

Abstract

This study is to analyze the resistance of Muslim women to gender hierarchy in the family through khulu' (divorce) which is caused by acts of domestic violence. This empirical juridical research uses sample data from the Central Java Religious Court. The sample is selected based on the highest number of divorce cases in Indonesia, especially those caused by acts of domestic violence. The results of the study show that the religious court is the place most visited by muslim women in an effort to negotiate justice to stop domestic violence experienced by wives because Religious Courts are considered to provide strength to challenge the gender hierarchy in the household. Divorce initiated by the wife allows women to become active agents in determining marital status. However, Religious Court Judges do not use domestic violence as an excuse to decide on divorce cases. In his decision, the judge only mentioned the reason for the divorce because of the constant fights between husband and wife
Right of Women In The Family Law; Zakir Naik Perspective Manaf, Abdul
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.5638

Abstract

Zakir Naik is a phenomenal muslim preacher who also gives his thoughts on women's rights. According to Zakir Naik, women actually have an equal position with men even though the implementation varies. This paper is classified as literature research with a qualitative approach. This research method is content analysis of Zakir Naik's book about women in Islam. The data was collected thematically by referring to the analysis of Zakir Naik's primary book. The results of the study concluded that women have the right to choose or accept their partners. Women also have the right to divorce their husbands if they are polygamous and it is stipulated in a marriage contract. Regarding the rights as a wife, women should not be treated as slaves who take care of housework, women must be treated properly and with respect. As a mother, a woman deserves higher respect than a fathers. In the economic realm, women may work but they are not obliged to give part of their assets to their husbands. However, women have the option to help their husbands if the husbands are unable to meet the economic needs of the family. In the realm of politics and leadership, women may serve as parliament members or government advisors, but Zakir Naik does not agree if women become presidents or prime ministers of a country
Hukum Kontrak Ba'i ibn al-Arabi dan Relevansinya Pada Masalah Maliah Muamalah Kontemporer Enang Hidayat; Abu Umar Faruq Ahmad
Jurnal Hukum Islam Vol 21 No 1 (2023)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v21i1_01

Abstract

The legal maxims of the ba'i contract are inductive Islamic legal reasoning, so their implementation has a static and dynamic character. Apart from al-Arabi, attention to two characters in one theme of fiqh (Islamic Jurisprudence) rules is rarely discussed by Islamic jurists. It is one of the reasons for the failure to dynamize the theory and practice of Islamic economic law, resulting in various criticisms. This research discussed the legal maxims of the ba'i contract of al-Arabi in Al-Masalik fi Syarh Muwatta Malik and their relevance to contemporary muamalah maliah issues to provide complete answers to various criticisms in contemporary Islamic legal theory and practice. The research method used normative Islamic law with a conceptual, philosophical, and historical approach. The data collection technique used a document study of Ibn al-Arabi's work "Al-Masalik fi Syarh Muwatta Malik" related to the fiqh rule on the Ba'i contract. The analysis technique was prescriptive analysis with logic and inductive legal reasoning. The research results show the ten fiqh rules of the ba'i contract developed by al-Arabi that have static characters, namely usury, garar or jahalah, consuming wealth in vanity, and deceit (gasysi). Besides, those with dynamic characters are urf, emergency, and maqasid al-syariah/sadd al-zariah. The rule fiqh is relevant to contemporary muamalah maliah contract issues, such as cashback systems, dropship systems in online buying and selling, stock sales, pre-order systems, and electronic transactions (e-money). Therefore, these rules can be used as an ‘illat (ratio legis) for resolving problems in the contemporary muamalah maliah contract.
Cryptocurrency as Investment in Commodity Futures Trading in Indonesia; Based on Maqāṣid al-Sharī’ah Approach Fageh, Achmad; Khusmufa Nur Iman, Aldi
Jurnal Hukum Islam Vol 19 No 2 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Lately, cryptocurrency investors and transactions in Indonesia are thriving, the number of crypto asset investors as of the end of February 2021 has reached 4.2 million people, which exceeds the number of stock investors in Indonesia. This study aims to determine specifically cryptocurrency as an investment in commodity futures trading in Indonesia using the Maqāṣid al-Sharī’ah approach. This research uses a qualitative approach. The data collection technique used is literature study by collecting data from previous studies in the form of documentation of articles, journals, or books as well as publication data from other parties. The data analysis techniques used were data reduction, data presentation, and concluding, from the collected data analyzed through SWOT analysis (strengths, weaknesses, opportunities, and threats) then continued using the Maqāṣid al-Sharī’ah approach (Maṣlaḥah and Mafsadah). The results show that cryptocurrency technology with blockchain can indeed be recognized as an excellent revolutionary technology, but the position of cryptocurrency as an investment in commodity futures trading contains an element of gambling because it contains high speculation and is gambling by taking advantage of the level of volatility. In addition, cryptocurrencies are prone to be used by illegal practices such as money laundering, so that when compared to Maṣlaḥah and Mafsadah it contains greater Mafsadah.
The Controversy of Water Resources Legislation in Indonesia: an Islamic Constitutional Law Approach Suntana, Ija
Jurnal Hukum Islam Vol 19 No 2 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i2.4421

Abstract

This study aims to explain the protracted water legislation controversy in Indonesia. Any birth law on water resources always raises the pros and cons of the Indonesian people. This study is descriptive-analytical research, with a socio-political, juridical normative, and doctrinal approach. This study finds that the cause of the controversy over water legislation in Indonesia is that references of legislation do not stand on a solid concept, as conceptualized in the Islamic constitutional law, namely meaning of the legal text, social realities, proportional between maslahat and mafsadat, the priority of content rules and law changes.
Building Family Resilience For Employees of the Pekanbaru Diniyah Foundation Islamic Law Perspective Nurliana, Nurliana
Jurnal Hukum Islam Vol 20 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v20i2.6702

Abstract

The research is motivated by various family problems of married people, some family conditions are weak so that they are easily shaken and end in divorce. There are some families who look strong with all the problems so that the family survives, not shaken by any situation and condition. In this case the researcher is interested in conducting a research on how to build family resilience for the employees of the Diniyah Pekanbaru Foundation from the Perspective of Islamic Law. An urgent research, to find out the basic principles of family resilience, aims to educate people in fostering and maintaining families, not easily shaken by the problems that occur. The research method used is descriptive qualitative research using the triangulation method through data display, data presentation, drawing conclusions, analyzed through content analysis. The research sample is 195 respondents. Research findings; need to understand the purpose of marriage to build a samara family the answer of the respondent is 15%. Understanding each other's roles by applying the principle of mutual help Respondents answer 52%. Implementing Islamic values ​​in the family is 18%. Fulfilling the needs of nutrition, education, health and future investment of 15%. From the perspective of Islamic law, employees of the Diniyah Pekanbaru Foundation in general choose to carry out psychological aspects of family resilience by implementing human values, the principle of taawun and Islamic values ​​in the family so that physical needs accompany them.

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