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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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WACANA TAKWIM URFI DALAM PENANGGALAN ISLAM Jayusmman
Jurnal Hukum Islam Vol 7 No 1 (2009)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

As a calendar that uses an average calculation, Urfi calendar (takwim Urfi) is based on Urfi computation. It is agreed by scholars, that the use of takwim Urfi as a guidance in the performing of religious obligations is not valid. But because of the ease and regularity calendar computations based on Urfi reckoning, it can be used as alternatives in the discourse of international unification of Hijri calendar in Islam.
PERLINDUNGAN HUKUM TERHADAP PASIEN SEBAGAI KONSUMEN JASA PELAYANAN KESEHATAN DALAM TRANSAKSI TERAPEUTIK Achmad Muchsin
Jurnal Hukum Islam Vol 7 No 1 (2009)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

In the therapeutic transaction, the relationship between patient and health service providers tends to bring the conflict. Many factors caused that conflict, e.g., lack of patient health understanding, inequality position between the patient and the provider before the law, and the imperfection of service quality handed over by the provider. Viewed from legal standing, therapeutic transaction has far consequences in reciprocal nature, between the patient and the doctor.
PERILAKU EKONOMI DALAM BINGKAI ANTARA AL-MUAMALAH AL-MADDIYAH DAN AL-MUAMALAH AL-ADABIYAH Abdul Khobir
Jurnal Hukum Islam Vol 7 No 1 (2009)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

There are three main economic activities that every individual has to do with them in his or her life to achieve economic well-being and prosperity. They are; production, distribution and consumption. Those activities concern not only with need fulfillment and profitability, but also involve human behaviour either producers’ behaviour or consumers’ behaviour. The economic men whose behaviour arises from the scarcity of means to achieve given ends, has made people to behave in a way that is in accordance with economic rationality to achieve maximization. However, rationality does not necessarily imply maximization, as the forms of rationality could be selfish and egoistic, it could also be beneficial for one individual but harmful for the society. This is, because the principle of Economics is that every individual is actuated and motivated by self-interest. In an Islamic perspective, people’s behaviour must be in accordance with the Islamic values and norms and to seek the pleasure of God the almighty. This does not mean to ignore the rational behaviour in economy, but that rationality must be in accordance with the Shari’ah and the Islamic values and norms wich in turn will guide them in dealing with economic activities to bring them into economic well-being and prosperity.
TINDAK PIDANA PERDAGANGAN ORANG: ANALISIS UNDANG-UNDANG NO. 21 TAHUN 2007 Alfitra
Jurnal Hukum Islam Vol 7 No 1 (2009)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

Although the laws have regulated trafficking, even been set in the Criminal Code, but not all of those can easily overcome the problem. Poverty and employment problems are considered as the causes of trafficking. Children and women, as the majority of trafficking victims, rarely report the crime they have experinced. So, the laws and regulations of trafficking need to get more attention and widely socialized.
PERDAGANGAN BERJANGKA KOMODITI: ASPEK FIQH DAN EKONOMI AM Hafidz MS
Jurnal Hukum Islam Vol 7 No 1 (2009)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

Commodity Futures Trading (CFT) essentially has hedging as a main purposes. But for some 'black investors', CFT has been used to make blind speculation that divert and distort the existence of CFT. In the Islamic economics perspective, CFT also remains a problem deals with the legal basis that can be used to justify the implementation of CFT in contemporary economy. So, this article will discuss; the nature and types of CFT; importance of CFT in modern economy; and CFT in the perspective of Islamic Economics.
AKAD MUAMALAH DI PASAR MODAL SYARIAH Ali Amin Isfandiar
Jurnal Hukum Islam Vol 7 No 1 (2009)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

Shifting paradigm on capital market from conventional to shariah one supports to change the instrument usage. Because of prohibited status on debt trading (obligation or sukuk), interest instrument which has been used in capital market should be modified. Therefore ‘aqd muamalah is choosen and implemented to legalize debt contract on capital market. Ijarah and mudharabah has been implemented to shariah capital market. Beside both, it uses ‘aqd murabahah as contract instrument. Up to now, National Shariah Board (Dewan Shariah Nasional) was issued two fatawas on both of the first namely Fatwa DSN No.33/DSN-MUI/IX/2002 on shariah obligation based on mudharabah contract and Fatwa DSN No.41/DSN-MUI/III/2004 on shariah obligation on ijarah contract, beside the other fatwa on shariah obligation itself, Fatwa DSN No.32/DSN-MUI/IX/2002 deals with the shariah obligation. By fatawas, legalization of shariah obligation was actually guaranteed as to be implemented on shariah capital market and it can be seen to product variation published by financial institution.
INDUSTRIALISASI DI INDONESIA: MENUJU KEMITRAAN YANG ISLAMI M. Arif Hakim
Jurnal Hukum Islam Vol 7 No 1 (2009)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Abstract

To accelerate the development process in a country, industrialization represents as an absolute and certain strategy, due to the paralelism between development and industrialization. Historical evidents records, as a developing country, Indonesia has made use of industrialization that results in shifting of economic activities, from agricultural sector to the industrial. On Islamic perspective, industrialization must be in accordance with maqahid syari'ah. Established partnership among corporates and small-scale industry must be in mutual benefit for all parties as it is indicated in the Quran
MENGGAGAS PEMBANGUNAN HUKUM NASIONAL BERBASIS RELIGIUS: STUDI TERHADAP PELUANG KONTRIBUTIF HUKUM ISLAM DALAM ARAH PEMBANGUNAN HUKUM NASIONAL Achmad Irwan Hamzani
Jurnal Hukum Islam Vol 10 No 1 (2012)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v10i1.571

Abstract

Since the Independence Day of Indonesia, Islamic law has played a significant role in shaping Indonesian society, as Muslims contributed largely to the composition of the Indonesian population. This article starts with the critical analysis of the national law, Pancasila as philosophy of the Indonesian legal system, to the rises of Islamic law in Indonesia. How Islamic law has been transformed over its rich history will also be examined, namely the implementation of Islamic law in Indonesia. The paper tries to give readers a broader understanding of Islamic legal concepts, as this will enable them to understand the differences and similarities between the national and Islamic legal system. Moreover, it will provide readers with enough knowledge to analyze applications of Islamic law, specifically, to the practices and implementation of this law in Indonesia in order to comprehend the unique ‘model’ of Islamic law to develop national law in this developing nation.
Penerapan Qanun Aceh Nomor 14 Tahun 2003 Tentang Khalwat (Mesum) (Studi Kasus Penerapan Syariat Islam di Kota Subulussalam) Ali Geno Berutu
Jurnal Hukum Islam Vol 15 No 2 (2017)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v15i2.763

Abstract

This paper discusses the implementation of Aceh’s Qanun (the regional law) Number 14 of 2003 on khalwat (mesum/adultery) in Subulussalam city. The current study aims to explain the strategies to deal with the cases of khlawat in Aceh. It was field and library research by carrying out qualitative method and socio-legal-historic approach. The research findings reveal that the cases of khlawat could be solved through the pivotal roles of the local customary court (Mahkamah Adat) and Islamic court (Mahkamah Syar’iyah). The roles arose an uncertainty in handling the cases, particularly for the law enforcement agencies (WH, police officers, prosecutors, and the Mahkamah Syar’iyah). Additionally, the Acehnese Qanun Number 9 of 2008 on the preservation of customary law has explicitly established the problem-solving of lawsuit and its mechanism in an exclusive chapter. The Article 13 Section 1 in this Qanun asserts that the types of lawsuit/dispute of local customs consist of 18 issues. Khalwat is one of the involved issues, and the Mahkamah Adat is the authorized party concerning the issue.
Penyelesaian Sengketa E-Commerce Melalui Online Dispute Resolution Dalam Perspektif Hukum Islam Mohammad Farid Fad
Jurnal Hukum Islam Vol 17 No 1 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i1.1579

Abstract

Along with the increasing use of the internet throughout the world, the number of disputes that have arisen continues to increase. Many web sites have been formed to help resolve this internet dispute, as well as to facilitate settlement of disputes that occur offline so that they are more transparent, accountable and more practical through the Online Dispute Resolution (ODR). Then, what is the actual practice of e- commerce dispute resolution through ODR in the view of Islamic Law? The approach method used in this study is a normative juridical approach and descriptive analytical. The data collection technique used by the author is library research sourced from various literatures such as books, kitab and journal articles. After the data is collected, an analysis will be carried out using the descriptive-analytical method, which is systematically describing the facts or characteristics of the phenomena found in factually and carefully in the field, and carried out qualitatively to get an understanding of the problems studied in more depth. This study concludes that the practice of ODR, which is an extension of ADR practice has a strong historical and legal basis, so the practice of ODR in Islamic law is permitted with the exception of contracts which include elements prohibited by Islamic teachings, such as elements of obscurity (gharar), the object is forbidden, indicated fraud (tadlis), gambling (maysir), and usury.

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