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[PERCERAIAN DINI: STUDI TERHADAP PUTUSAN PENGADILAN AGAMA PEKALONGAN TAHUN 2013 ]]>
<![CDATA[Ahmad Tugabus Surur]]>;
<![CDATA[Hanik Rosyidah]]>
<![CDATA[ Jurnal Hukum Islam Vol 14 No 1 (2016) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v0i0.670
<![CDATA[This research aims to investigate the current phenomenon of divorce by young spouses who have short marriage, to discover the underlying factors causing early divorce, and to know how the judge resolves the case of early divorce. The word "early" in the title refers to the spouses who have short marriage, In fact, the inability of the spouses to face the reality of life made them difficult to adjust the various problems in the young age marriage. They have been sued each other to divorce even they have less than one year of marriage. They should reconsider their decision to divorce. This case can be seen in the Religious Court of Pekalongan. There were 24 cases of divorce in the young age of marriage in Religious Court in Pekalongan in 2013.]]>
<![CDATA[Undang-undang Hak Cipta Nomor 28 Tahun 2014 dalam Prespektif Ekonomi Hukum Ekonomi Islam ]]>
<![CDATA[Tarmidzi]]>
<![CDATA[ Jurnal Hukum Islam Vol 15 No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v15i2.1022
<![CDATA[This present study aims to explain what intellectual property rights in the conception of sharia law (Islamic economics) are and how the Protection of Copyright under the Law Number 28 of 2014 is in the perspective of Islamic economic law. It was a qualitative study by conducting an explorative analytical doctrinal research method in relation to the legal facts regarding the norms contained in the Law Number 28 of 2014 on the Protection of Copyright (HAKI) in the perspective of Islamic economic law. The consensus (ijma’) of fiqh Muslim scholars (ulema) asserts that the right of ownership of mind and creation towards the result of thought and its creations is a material possession. This is based on the source of the law of maslahah mursalah (common benefit) and in accordance with maqashid al-sharia (objectives of Islamic law) because the right of thought and creations of the mind associated with the nature of property (al-mal) can be transacted and inherited if the owner dies, becomes a will if it meets all the requirements of property in Islamic law, and has the same position as other halal property. Therefore, a person’s copyright/creative rights should receive the same legal protection as other rights.]]>
<![CDATA[Islamisasi Keluarga Vis a Vis Pembangunan Keluarga di Indonesia: Membaca Idealisme, Struktur, dan Relasi Gender dalam Keluarga dalam Pemikiran Mohammad Fauzil Adhim ]]>
<![CDATA[Sidik]]>
<![CDATA[ Jurnal Hukum Islam Vol 15 No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v15i2.931
<![CDATA[This current study aims to discuss what the concept of family in the popular Islamic family literature written by Muhammad Fauzil Adhim is, why the concept is presented, how the theoretical framework is designed, and how the relevance of the concept to the family development regulation in Indonesia is. By carrying out qualitative content analysis of the literature, the research findings denote that that Adhim tries to explain the idealism of berkah (blessed) family, the structure of an extended family, and the proportional gender relation in family. He presents some ideas to revitalize Islamic family values as cultural movement of family Islamization. The writer constructs his theoretical framework based on textual approach and psychology. The Qur’an and Hadith are textually referred, whereas psychological approach is used to support the textual meanings, but it is not employed as a method of interpretation. Based on the well- designed theoretical framework, his thoughts tend to be conservative and demonstrate less relevance as well as responsiveness to the family development regulation in Indonesia.]]>
<![CDATA[Keluarga Sakinah Menurut Jamaah Tablig ]]>
<![CDATA[sakirman]]>
<![CDATA[ Jurnal Hukum Islam Vol 15 No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v15i2.986
<![CDATA[The sakinah (harmonious) family is the ideal family that every family dreams of. To build a sakinah family, it requires selective efforts, including choosing a candidate of wife/husband, holding engagement, organizing wedding, and running successful households. This present research focuses on the study of a sakinah family according to Jama’ah Tablig (JT), an ideological movement, deeming that JT attempts to realize the teachings of Islam consistently in accordance with the teachings that were modeled by the Prophet Muhammad (PBUH). For this reason, what is done by JT is not in line with the current era, especially the issues related to the balance between the rights and obligations in a family. It was library research and supported with interviewing some JT members. The research results reveal that the concept of a sakinah family in the JT members’ perspectives was not much different from the concept asserted in Islamic law. Nonetheless, the concept that was stated by the JT members was more textual in understanding the concept of a sakinah family in the nash (the Qur’an and Hadith).]]>
<![CDATA[Pemberlakuan Sanksi Pelaku Nikah di Bawah Umur ]]>
<![CDATA[Istianah Ghazali Istianah]]>
<![CDATA[ Jurnal Hukum Islam Vol 15 No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v15i2.932
<![CDATA[This current study aims to discuss child marriage, particularly for the punishment meted out for the perpetrators. This punishment has never received a special attention in the classical Islamic jurisprudence (fiqh) since child marriage is legitimate and not a prohibition, especially according to the four mainstream schools of Sunni jurisprudence (mazhab). However, in the era of contemporary Islam, this marriage is judged to have a negative impact for social life. Through a normative or perspective approach, this study was explored by using several theories, namely: the theories of mukallaf development and law competency (ahliyah) and of uqubah al-ta’zir (punishment of ta’zir). The research results reveal that firstly, child marriage is prohibited due to lack of maturity (rusyd), and immature children are regarded as incapable of having marriage (ahliyah al-ada’ al-naqisah). It indicates that this kind of marriage demonstrates greater negative effects than positive ones, but it is classified into harm li gairih. This category of harm is due to an external factor, namely: marriage is principally declared in Islamic law. Secondly, the punishment meted out for the perpetrators of child marriage is deemed to be in line with the Islamic law. It is due to the fact that in theory of ushl al-fiqh, a prohibition exists as a consequence for the form of ta’zir punishment regulated by the government.]]>
<![CDATA[Kontrak Kerja Pada PT. Primatexco Indonesia Batang dalam Perspektif Hukum Ekonomi Syariah ]]>
<![CDATA[jumailah]]>
<![CDATA[ Jurnal Hukum Islam Vol 15 No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v15i2.989
<![CDATA[This present study aims to explain the perspectives of sharia economic law on the contract of employment at PT Primatexco Indonesia, Batang. The Law Number 13 of 2003 on Manpower constitutes the protection of labor that is intended to guarantee the basic rights of workers/labor. The emergence of the Law is expected to be able to realize the welfare of workers/labor as well as their families by paying great attention to the development and growth of business. It was field research by employing a qualitative study design, and the setting was at PT. Primatexco Indonesia, Batang. The research findings promote that even though there has been the Law concerning Manpower, this law has not run in accordance with the stipulated rules. It illustrates that the content of the Law has not accommodated the stipulation of the existing Law yet, and even the content is sometimes unclear, which is stated in the Article 54 of the Law on Manpower. The fiqh (Islamic jurisprudence) scholars agree that a contract possesses the force of law caused by syara’ (Islamic law), instead of the actions performed by the two parties make the contract. Likewise, the actions play a role as a cause for the effect of the contract. It suggests that no one is not able to do arbitrarily in terms of the requirements they provide in the contract of employment so that all people’s actions are based on the law of Allah.]]>
<![CDATA[Pemahaman Ormas Islam Tentang Wakaf Uang (Studi di Kabupaten Batang) ]]>
<![CDATA[Mubarok ]]>
<![CDATA[ Jurnal Hukum Islam Vol 15 No 2 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v15i2.540
<![CDATA[Artikel hasil penelitian ini akan membahas tentang model wakaf produktif pada Yayasan Muslimin Kota Pekalongan dan strategi yang digunakannya dalam mengembangkan aset wakaf yang dimiliki. Jenis penelitian ini adalah penelitian lapangan (field research). Adapun pendekatan yang digunakan adalah pendekatan kualitatif. Data-data yang telah diperoleh akan dianalisis dengan menggunakan analisis induktif-deskriptif . Hasil riset menunjukkan bahwa di antara model wakaf produktif yang jalankan oleh Yayasan Muslimin sebagai nadzir adalah menyewakan kamar hotel, ruko, toko, meeting room dan mempergunakan sebagian ruangan yang ada dihotel sebagai tempat usaha seperti warnet dan rumah makan (kuliner). Adapun strategi Yayasan Muslimin dalam mengembangkan aset wakaf adalah: Pengembangan melalui istibdal, pengembangan aset melalui pengajuan proposal, pengembangan aset melalui hutang kepada pihak ketiga, pengembangan aset melalui pembelian dari hasil wakaf, dan pengembangan aset melalui pemberian dari wakif baru.]]>
<![CDATA["Kejahatan Seksual Pedofilia Dalam Perspektif Hukum Pidana dan Islam" ]]>
<![CDATA[Eko Setiawan]]>
<![CDATA[ Jurnal Hukum Islam Vol 14 No 2 (2016) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v0i0.743
<![CDATA[Sexual crimes of pedophilia will have a negative impact for children.Not only undermine the future of the physical, but also mental andpsychological damage the child, such as major depressive disordermay be brought later into adulthood. Moreover, most people withpedophilia caused because he had been the victim of sexual abuse similarin childhood. The criminal acts of pedophilia is very detrimental to thevictims and the wider community. Therefore, the victims need care andprotection of the law. The law in Indonesia that ensnare the practice ofpedophilia was not serious. So that the penalty for pedophiles is notcommensurate with what has been done and the risk of future damageto the victims. Besides the protection of the public for the victims ofpedophiles are also very less.]]>
<![CDATA[Kajian Yuridis Argumentum A Contrario Sanksi Dwangsom dalam Putusan Nafkah di Peradilan Agama ]]>
<![CDATA[Sam’ani Sya’roni]]>
<![CDATA[ Jurnal Hukum Islam Vol 15 No 1 (2017) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v15i1.860
<![CDATA[A court verdict regulating living wage that is given to an ex-wife and children after a divorce is still illusory since it lacks imposing authority and legal punishment. A legal plea for its execution faces serious obstacles due to extremely complicated formal requirements. A dwangsom punishment as a compelling money cannot be –from normative perspective- implemented in the punishment of living wage. The focus of this research is to conduct a juridical study of dwangsom legal construction in a verdict regulating living wage through argumentum a contrario (appeal from the contrary). The result confirms that a living wage given to ex-wife and children can be regarded as a “payment-of-certain amount” punishment which consequently cannot be given a dwangsom penalty. However, dwangsom can be implemented in this case through a construction of argumentum a contrario, which is by giving a sentence regulating a prohibition of postponement or avoidance of living wage verdict.]]>
<![CDATA[Peran Politik Ekonomi Islam dalam Melaksanakan Globalisasi Masyarakat Ekonomi Asean (MEA) ]]>
<![CDATA[Ifdlolul Maghfur]]>
<![CDATA[ Jurnal Hukum Islam Vol 14 No 2 (2016) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v0i0.744
<![CDATA[This article discusses the role, influence, and political expediency of Islamic economics in implementing the ASEAN Economic Community (AEC) in Indonesia. This study used a qualitative descriptive approach. In exploring the data, the researcher try to determine the facts of the data collected from the research results for further processed and analyzed. The researcher used inductive thinking which describes particularly the political concept of Islamic economics then correlated with the case in general, namely the ASEAN economies. That concept combined with the results of research in the field, including uncovering a problem in MEA. The results of this study indicate that the political economy of Islam in the MEA in Indonesia aims to improve economic stability Muslim and non- Muslim communities in Southeast Asia and is expected to overcome the problems in the economic field between countries of ASEAN. The MEA consequences of the agreement in the form of the free flow of goods to the ASEAN countries, the impact of the free flow of services, the impact of the free flow of investment, the impact of the flow of skilled labor, and the impact of the free flow of capital. These things can certainly result in positive or negative for the economy of Indonesia. Therefore, from the government side also conducted strategy and the steps that Indonesia is ready and able to take advantage of the momentum of the MEA.]]>
