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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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Pengaruh Tirani Terhadap Pemikiran Islam (Studi Analisis Pemikiran Muhammad Syahrur) Achmad Umardani
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.v17i1.1802

Abstract

The term „tyranny‟ is considered still unfamiliar because of the lack of studies highlighting this issue. Although it has received a scant attention from scholars, the practice of tyranny has almost occured in every government. This reality triggers why a further investigation of tyranny practices needs to be conducted for contributing to Islamic political thoughts. It is expected to make the public aware of the existence of a massive form of tyranny and think critically of government policies. The current study aims to explore (1) Syahrur‟s thoughts on the concept of tyranny (al- istibdad) and its consistency in the application of Islamic law and (2) the form of theoretical contribution to the development of contemporary Islamic political discourse. Grounded in library research, this study employed a normative-historical approach. The findings demonstrate that Syahrur‟s thoughts on tyranny were extremely different from Muslim philosophers in general, and even tended to be controversial. It is worth mentioning that his thoughts on tyranny and its influence can be taken into account as a theoretical application of various philosophical and methodological assumptions. Syahrur‟s endeavor against tyranny denotes the importance of accepting democratic ideas and the enforcement of a civil state. Nevertheless, theoretically, Syahrur‟s foundation of thinking was deemed weak due to the lack of historicality studies between texts and contexts.
Pendekatan Hukum Islam Bagi Penerima Obat Gratis ARV di RSUP M.Djamil Padang dalam Mencegah Penularan HIV-AIDS Salma; Urwatul Wusqa; Muchlis Bahar
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.v17i1.1868

Abstract

The patients of HIV-AIDS tend to commit deviant behavior, such as homosexual, bisexual, drugs abuse, and sex workers, though there are other causing factors. The government, however, has provided them with a free-of-charge treatment. This kind of treatment is allocated through one hospital in each province. The present study aims to investigate (1) the objective conditions of HIV-AIDS patients receiving antiretroviral (ARV) treatment at M.Djamil General Hospital (RSUP) Padang, (2) various treatments provided to the patients in the perspective of Islamic law, and (3) the free-of- charge ARV treatment received by the patients from the Islamic law perspective. Designed in a research-based community service, the study employed four strategies, namely: planning, action, observation, and reflection. The data were analyzed descriptively with data reduction, display, and conclusion verification. The findings promote that firstly, the objective conditions of HIV-AIDS patients receiving the ARV treatment at the M.Djamil RSUP Padang until December 2018 comprised 1805 people. They were mainly infected with HIV-AIDS through homosexual and bisexual behavior, the use of drug syringes, and prostitution. After receiving the ARV treatment, they still committed the deviant behavior. Secondly, practically, their behavior was categorized into hudud (penal presciptions) and could not be addressed a punishment for the perpetrators since it was not stipulated in regulations. Thus, taubat (repentance) approach is fostered to deal with.
Reformasi Hukum Pidana Islam Kontemporer (Studi atas Pemikiran Abdullah Ahmed an-Naim) Rupi’i Amri
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.v17i1.2003

Abstract

The application of Islamic criminal law (fiqh jinayah) into the nation-state system of government demonstrates the vision that some Muslims have been fighting for. This manifestation is frequently indicated by the implementation of hudud matters, including the punishment of cutting off hands, stoning, beating, and qisas (capital punishment), to illustrate how “Islamic” a ruling regime is. The present study seeks two research questions, namely: (1) why is the Islamic criminal law being stagnant? (2) How is An-Naim’s thought in reforming Islamic criminal law? Grounded in qualitative library research, this study employed a philosophical approach. Descriptive-analytical and interpretive methods were used to analyze the obtained data. The findings expose that the reality of the application of sharia law by the state, according to an- Naim, as occurred in Sudan during the era of President Numeiri, was more political in nature. In order to lead to applicable and contemporary Islamic criminal law, an-Naim offers that the applied law must be in accordance with constitutional and international standards concerning two considerations, namely: the principle of legality without any discrimination and the issue of punishment and treatment of prisoners.
Peran MUI dalam Penguatan Demokrasi Indonesia M Sya’roni Rofii
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.v17i1.2010

Abstract

Indonesia is still considered the nation with the world’s biggest Muslim population highlighting democracy. This predicate results from the impact of the country’s large population followed by the acceptance of the Muslim community toward democracy, which is deemed contrary to religious values in some Muslim countries. The acceptance of democracy situated in Indonesia cannot be separated from the legitimacy of religious authority; it refers to the Indonesian Ulema Council (hereafter, MUI). This religious council plays a pivotal role in ensuring democracy as ‘the only game in town’. The present study seeks to answer (1) what is the contribution of the MUI in strengthening democracy in Indonesia? and (2) how do the MUI leaders endeavor when encountering the political situation in the 2019 election demonstrated by an identity politics struggle which tended to divide the Indonesian Muslim communities? Grounded in qualitative library research, the study applied analytic-descriptive analysis. The findings promote that the MUI significantly contributed to ensure the well-established democratic system in Indonesia through their fatwas. It implies that MUI supports the continuation of fair elections and national stability, tackles a dispute over the Indonesia’s election, and fosters that religion is not merely employed as a political tool.
Tinjauan Hukum Islam Terhadap Pemalsuan Identitas Anak Hasil Nikah Siri (Studi di Desa Rowokembu Kecamatan Wonopringgo Kabupaten Pekalongan) Annisa Ulwiya; Mohammad Hasan Bisyri
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.v17i1.2025

Abstract

Self-identity is the right to a child which must be stated in the birth certificate, no exception for children who are born from unregistered marriage. However, if the identity is inaccurate or falsified, it will have an impact on the rights and obligations between the child and the parents. Therefore, this study aims to explain the forms of falsification of unregistered marriage's children's identity, a review of Islamic law on falsification of children's identity who are born from unregistered marriage, and explain the legal implications of falsifying the identity of children from unregistered marriage. This research is a qualitative study which was located in Rowokembu, Wonopringgo, Pekalongan Regency. The collected data were analyzed using typology models and analysis by using Islamic law. The results show that: (1) there are three models of falsifying children's identity, namely by using the identity of biological fathers and stepmothers as biological parents, using the identity of stepfathers and biological mothers as biological parents, and using the identity of others as parents the biological child. (2) Falsifying child's identity even if it is completed for the child's goodness in order to obtain the legality, nevertheless in the review of Islamic law as well as a falsehood which can be detrimental to others, so the culprit may obtain the punishment. (3) Falsification of the child's identity can affect the status of the child towards his parents, especially in the issues of guardianship, inheritance and his mahram.
The Resolution Of Criminal Cases Through A Restorative Justice Approach in Islamic Law Perspective Ahmad Ropei
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2936

Abstract

This study aims to analyze on the restorative justice approach as an alternative to resolution criminal cases in Islamic law perspective, where the criminal process is not only limited to retaliation for the perpetrator, but must also be based on various principles of restorative justice. This research uses method normative juridical with a philosophical, conceptual and legislations approach. Sources of legal materials are obtained through inventory, categorization and systematization. Analysis using prescriptive with logic and legal reasoning, The results show that restorative justice is seen as an alternative approach that can be applied in resolution criminal case by considering various aspects outside the judicial process and is oriented towards restoring what has been damaged by the existence of crime. In Islamic law, the application of restorative justice is based on the above of Umar's friend r.a. 294 The Resolution Of Criminal Cases Through A Restorative Justice Approach ... (Ahmad Ropei) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) in the case of handling theft cases during the Paceklik season, the legal decision is to release the perpetrator due to humanitarian factors. Therefore, restorative justice can be applied with considerations including: aspects of justice, humanity, public interest, forgiveness of victims, and peace (al-Islah).
Kesadaran Hukum Masyarakat Pedesaan Untuk Bercerai di Pengadilan (Studi Kasus di Desa Bantarbolang, Kabupaten Pemalang) Iwan Zaenul Fuad; Miftah Husaeni
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.3448

Abstract

This research explores the legal awareness and implications of divorce in court on communities in Bantarbolang Village, Pemalang, Central Java Province, Indonesia. This legal sociology research uses a qualitative approach. The primary data source is the divorcee outside the court. Secondary data sources are primary and secondary legal materials. The analysis technique uses an interactive model. The results showed, the legal awareness of the Bantarbolang community about divorce in court was not evenly distributed, where 21 couples were divorcing in court and 5 outside the court. They know that a divorce must be in court, but it is not carried out. The implications of legal awareness about divorce outside the court are: 1) administratively, they are still bound as husband and wife, because they do not have a divorce certificate so that if they marry someone else, they are done in a series; 2) psychological implications for children and if the couple remarries Siri, then the child born becomes the child born outside the marriage; 3) implications of the split between the extended family of the couple; 4) implications for the social order, due to the uncertainty of the status of husband and wife and the nasab of children from a Siri marriage. Therefore, prevention should be carried out through outreach to the public about the legal consequences of divorce outside the court.
STUDI KRITIS AKAD PEMBIAYAAN MUSYÂRAKAH PADA PERBANKAN SYARI'AH Agus Arwani
Jurnal Hukum Islam Vol 8 No 1 (2010)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v8i1.552

Abstract

Risk represents an unavoidable consequence in an investment based on financing. In an partnership agreement, an upcoming and potential risk must be calculated and anticipated in order to make risk reduce. Risk financing could be diminished through good management and restricted screening in partnership and projects. Transparency as one of Good Corporate Governance (GCG) principles play a very important role in a company. The importance of GCG deals with the company apprehensiveness about exposure information that enable his competitor to know his strategy and endanger his business continuity. Transparency on banking industries refers to profit sharing obtained and reported by customers to the bank.
CORAK PEMIKIRAN HUKUM ISLAM NAHDHATUL ULAMA (NU) Samani Sya'roni
Jurnal Hukum Islam Vol 8 No 1 (2010)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v8i1.560

Abstract

In an effort to accommodate the problems faced by the Ummah, especially in legal issues of a case, NU formed an institution known as bahts al- masa'il (the discussion for various issues). The workings of this institution is assumed that the works of fiqh schools become the main guideline in solving legal issue. This correlates closely with the views of NU to the chain of transmission of Islamic science that was allegedly not to be interrupted. Based on that view, when NU wants give legal opinion, it always tries to trace the valid chain in every generation.
Membangunan Basis Metodologi Untuk Memperkokoh Keilmuan Fikih Berwawasan Keindonesiaan Yusdani
Jurnal Hukum Islam Vol 17 No 2 (2019)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v17i2.2378

Abstract

Indonesian fiqh cannot be separated from the study of systems theory and the philosophy of science approach.Philosophy of science, with the target subject and object, is science (knowledge) includes two main topics,namely epistemology and methodology. To understand the text as a source of Islamic law, the discussion andapplication use macro interpretation, so that an understanding and interpretation of Islamic legal sourcesderived from the text of the Qur'an and Hadith is by the Indonesian context. The Indonesian context is thesubject and at the same Time the object of fiqh in discovering new laws in harmony with the legal needs ofIndonesian society. This condition is also an effort to strengthen Indonesia's fiqh position. Themethodological offer of Indonesian fiqh was carried out with a transdisciplinary approach, namely throughsystemic integration and interconnection, to discover the theory of truth in implementing Indonesian fiqh.The next problem is that fiqh as a science, cannot be released in a particular social and cultural context andcontains universal values that will always be relevant for each age and place following the objectives of fiqhitself and as a philosophy of Islamic law with the approach of system the maqasid based ijtihad.

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