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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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The Epystimology of Islamic Jurisprudence on Covid-19 Vaccine in Indonesia Fateh, Mohammad; Islamy, Athoillah
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.v19i2.4420

Abstract

The Covid-19 vaccination program in Indonesia, practically has received a pro and contra in the society. In this context, the Majelis Ulama Indonesia (MUI) came through its fatwa to respond the contra-productive of the community over the succession of the vaccination program. This study analysis the epistemological basis of Islamic law in the construction of the MUI Fatwa Number. 02 of 2021 about Covid-19 Vaccine Products from Sinovac Life Sciences Co. Ltd. China And Pt. Bio Farma (Persero). This qualitative research used philosophical approach, statute approach and conceptual approach. The results show, the epistemological construction of the MUI fatwa No. 02 of 2021 about the Covid-19 vaccine, Sinovac tends to integrate the paradigm of idealism and realism of Islamic law. The tendency of the integrative paradigm can be seen from the epistemological basis of the MUI fatwa formulation on the halalness of the Sinovac Covid-19 vaccine, which is normative-deductive and empirical-inductive, beside that still use preventive fiqh rules (sad al-dhariah) and benefit (maslahatul mursalah) as the basis for formulating a fatwa. This conclusion can be seen in various elements in the epistemological construction of the MUI Fatwa. First, universal ethical moral values ('am) are taken from the texts (al-Qur'an and Hadith). Second, several fiqh rules emphasize the sadd al-zari'ah (preventive action) and maslahah mursalah (public benefit). Third, the opinion of classical scholars. Fourth, the thought of experts regarding the Covid-19 vaccine.
The ‘afw Principle and The Indonesian Restorative Justice System Alwy, Muhammad Rijaldy Alwy
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.v19i2.4726

Abstract

This paper explains the implementation of the ‘afw principle, a forgiveness principle known in Islamic criminal law, as an objective of Restorative Justice. Although the restorative justice has not been regulated in specific and comprehensive legislation in Indonesia, the restorative justice is currently regulated in at least three different institutional regulations, including the Circular Letter of the Chief of the Indonesian Police Number SE/8/VII/2018 (SE Kapolri), the Regulation of Indonesian Attorney Number 15 of 2020 (Perja), and the Decree of the Director General of the General Judiciary Body Number 1691/DJU/SK/PS.00/12/2020 (SK Dirjen Badilum). The three regulations provide a broad and slightly different explanation of how restorative justice objective is, which is likely to be interpreted in different means. However, the three institutional regulations have a similar approach to reconcile the victim and the perpetrator. The reconciliation seems to be a predominant restorative justice objective to enforce a criminal offence in Indonesia. This research uses a doctrinal methodology by analysing primary data sources, such as Indonesian legislation and Islamic sources of law, and secondary sources from relevant literature. The result indicates that there has not been comprehensive Indonesian legislation on restorative justice, particularly in terms of the objective. Incorporating the ‘afw principle as a restorative justice objective will provide more sense of justice for the victim and the alleged offender.
The Implementation of Maqasid Al-Shariah in Shaykh Yusuf Al-Qardhawi’s Fiqh al-Aqalliyat Sahidin, Amir; Muhammad Alif Rahmadi, Muhammad Alif Rahmadi
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.v19i2.4724

Abstract

This article aimed to respond Muslim minorities' anxiety in the West, which deals with several dilemmatic choices of daily religious life activity. Muslim minorities are required to obey the teachings of Islam. Still, on the other hand, it contradicts with the reality of how difficult practicing Islamic teachings in Western countries according to the Islamic teachings such in Muslim-majority countries. Therefore, Shaykh Yusuf al-Qardhawi saw the need to initiate fiqh that could guide Muslim minorities in the West to continue to practice Islamic law, although in a slightly different format from prevailing teachings in Muslim-majority countries. This fiqh is popularly known as Fiqh al-Aqalliyat. As initiator, Shaykh Yusuf al-Qardhawi was very concerned about the implementation of maqāṣid al-sharī‘ah. This article used library research. Based on this study, it can be concluded that the implementation of maqāṣid al-sharī‘ah in Shaykh Yusuf al-Qardhawi's Fiqh al-Aqalliyat can be seen from the basis of his arguments, which aims such as the basis of the proposition relying on the law. It is also based on the main source of maqāṣid al-sharī‘ah, the principle of paying attention to universal fiqh rules, etc. Furthermore, we can also consider his fatwas, such as the problem of overseeing the implementation of Friday prayers, the law of inheritance from non-Muslims, christmas compliment to Ahlul Kitab, and establishing Islamic institutions from zakat assets.
Contemporary Wedding in Indonesia (Study of Mubarakah Wedding at Hidayatullah Islamic Boarding School, Balikpapan, East Kalimantan) Abdullah; Hijrah
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.v20i1.6082

Abstract

This research aims to examine in depth a new concept of marriage which was initiated by the manager of the Hidayatullah Islamic Boarding School behind the board, this concept according to the experts can be an alternative solution in building a harmonious family as the first step in building a peaceful and prosperous world civilization. This research is an empirical legal research, in collecting data, this research uses interview, observation and documentation methods. This research found that the Hidayatullah Balik Papan Islamic Boarding School designed the concept of marriage which is relatively new, there are no classical or contemporary fiqh studies that discuss about it. this concept is termed as Mubarakah Marriage, the Mubarakah marriage process is divided into three, they are Pre-Marriage, Marriage Process and Post-Marriage. The process includes First, mubarakah marriage participants are required to follow the pre-wedding briefing quarantine, Second marriage is carried out without dating or ta'aruf, the three partners are chosen by the committee, marriage participants will know their match for sure after the contract, the four contract processes and receptions are carried out bulkly and it is free of charge, fifth post-wedding Family guidance. The principles of this marriage are religiosity, cheap, easy and simple, pre-marriage guidance to post-marriage, and the principle of da'wah. The effectiveness of this concept in family resilience is very high because 92% of married couples remain intact until now.
Pernikahan Online Dalam Perspektif Fiqh Nawazil Taufiq, Muhammad; Badruddin Amin, Mohammad; Salem Ahmed, Ahmed; Umar Hafiz Mohammad Idrees, Mohammad
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_02

Abstract

Online marriage is a phenomenon of the global Muslim community, which raises different opinions from Islamic jurists about its validity because there is no Al Qur’an argument and hadith text, so it requires legal elaboration. This article discusses the online marriage practice as a phenomenon of contemporary Muslim society and online marriage from the perspective of fiqh nawazil. Thus, the arguments (nash) of the online marriage phenomenon can be explained clearly and comprehensively. This research used normative method with a conceptual, philosophical, and comparative approach between maslahat  and mafsadat. The study results show that online marriage is a marriage carried out using online media, such as video calls, Zoom meetings, Webex, and Skype. Online marriage has fulfilled the pillars of marriage, but some conditions that have not been fulfilled, i.e., ijab and qabul, must be said in one location. The use of fiqh nawazil is very suitable to be used as a theory of analysis by using one rule, namely "al-Muwazanah bayna al-Mashalih wa al-Mafasid" (considering maslahat  and mafsadat). From the perspective of Fiqh nawazil, an online marriage contract is not legal. It is based on the tarjih theory "dar-u al-Mafasid Hall min Jalbi al-Mashalih," where preventing mafsadat (disadvantage) is more crucial than realizing maslahat  (benefit).
Manifest Social Justice Judging from the Principles of Islamic Law on Corporate Criminal Aspects of the Environment: Literature Review Rimsyahtono; Sambas, Nandang; Januarita, Ratna; Imaniyati, Neni Sri
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.v19i2.4958

Abstract

Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.
The Concept of Wages and Its Application: Analysis of the Ijarah and Ju’alah Contracts in Sharia Economic Institutions Gojali, Dudang; Iwan Setiawan; Muhamad Izazi Nurjaman
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.v20i2.5833

Abstract

This research is motivated by the concept of wages originating from ijarah contracts more widely used in Islamic Economic Institutions than wages derived from ju'alah contracts. While the two contracts are contracts that cause the provision of wages. Therefore, this study will describe the application of the concept of wages to ijarah and ju'alah contracts at the Islamic Economic Institution. This research is a secondary research with a literature study method whose data comes from various literatures through a normative juridical approach. This research is a type of qualitative research with technical data analysis through three stages, namely reducing data, presenting data and drawing conclusions. The results of this study reveal the fact that the concept of wages that is widely used in Islamic economic institutions is wages derived from ijarah contracts. This is because the legal consequences that have the concept of justice are that wages are based on the amount and results that have been completed, rather than wages derived from the ju'alah contract which will be given when a job can be completed perfectly. Therefore, the concept of wages is more identical to the ijarah contract for service benefits, so that there is a development of the meaning of ujrah in the form of wages and rental prices in accordance with the object of the contract exchanged in the ijarah contract.
Regulation of the Maturity of Married Age in Suku Anak Dalam Jambi Province Hidayati, Rahmi; Yuliatin, Yuliatin; Syuib, Kholil
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.v20i2.6167

Abstract

There have been many previous studies that discussed the theme of early marriage, but the difference from this study is that the people studied are in the majority of isolated communities in Jambi Province (Suku Anak Dalam). The Suku Anak Dalam community has its own rules regarding the practice of marriage and overrides the provisions in the law that have been positive. One of these rules is related to how to measure the maturity of the bride and groom (marriage age limit). For them, girls who have reached puberty are considered capable of getting married, while boys who are mature are marked by a test of dexterity to hunt animals. If the boy passes / passes the test, then he is considered an adult and is able to get married. Because according to the women of the Anak Tribe, the concept of a man's valor lies in his ability to earn a living and hunt. This coincides with the lack of fulfillment of the rules set by the State as stated in Law no. 1 of 1974. This study wants to see what factors cause early marriage and this perspective.
The Bjorka Hacking Phenomenon on Selling Personal Data as a Digital Asset from The Perspective of Maqashid Sharia Fageh, Achmad; Solikhawati, Anisa
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.v20i2.6387

Abstract

Personal data is often used as a digital commodity tool on every digital platform such as Shopee, Link Aja, Dana, Go-jek, Grab, and so on. This study aims to find out more about the Bjorka hacking phenomenon on the sale of personal data as a digital asset from a sharia maqashid perspective. This type of research is library research , namely an assessment of library sources related to the problems discussed, especially in exploring contemporary muamalah fiqh concepts from various at-Turath books and books by local fiqh muamalah figures. as well as the West. The data sources of this research are primary and secondary. The results show that the phenomenon of selling data by Bjorka is very clear that this violates the concept of maqashid sharia in terms of dharuriyat , hajiyat , and tahsiniyat . Based on maslahah dharuriyat which is divided into 5 aspects, namely maintaining religion ( hifdhud diin ), guarding the soul ( hifdhun nafs ), guarding offspring ( hifdhud nasl ), guarding reason ( hifdhul aql ), even protecting property ( hifdhul maal ), cases of selling personal data are something that deviates from the principles of maqashid sharia.
Principles of Reversal Burden of Proof in the Perspective of Indonesian Criminal Law and Islamic Law Ahmad , Gunaldi; Rosyid, Maskur; Mudzhar, M. Atho; Ritonga, Mhd Rasid
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.v20i2.6749

Abstract

The principles of criminal law in Indonesia and Islamic criminal law do not burden the defendant in proving. However, there have been changes to the reverse burden of proof system, especially in cases of corruption and money laundering. This article discusses the principle of reversed burden of proof in Indonesian criminal law and Islamic criminal law. The research method is juridical-normative with statutory, conceptual, and historical approaches. Sources of data using primary and secondary legal materials. The results of the study show that there are seven principles of reverse proof in criminal law in Indonesia, namely the principle of justice, the principle of utility, the principle of wealth, the principle of evaluating evidence, the principle of legality, the principle of invisible crime, and the principle of presumption of guilt. Meanwhile, the principles of proof are reversed in Islamic criminal law, namely: intention, justice, maqāṣid al-sharīah, and presumption of guilt. Reverse proof in Islamic criminal law is not only applied in cases of corruption and money laundering, but is applied to all ḥudūd, qiṣāṣ and ta'zīr crimes. The principle of intention only exists in the Islamic criminal law system, because it relates to the divine side.

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