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[Monogami dalam Perjanjian Perkawinan (Kajian Hukum Islam dan Perundang-undangan di Indonesia) ]]>
<![CDATA[Istianah]]>
<![CDATA[ Jurnal Hukum Islam Vol 17 No 2 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v17i2.2387
<![CDATA[This paper discusses monogamy as a material in marriage agreements according to Islamic law and legislation. The focus of the study is on the rules regarding marriage agreements and monogamy as material in marriage agreements in Islamic law and legislation in Indonesia. The method used is normative juridical. Sources of legal materials, namely: Al-Qur’an, Hadith, classical fiqh, Civil Code, Republic of Indonesia Law Number 16 of 2019 Regarding Amendments to Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Islamic Legal Compilation. Technical analysis using prescriptive analysis. The results showed that marriage agreements in Islamic law are permissible if they do not conflict with Islamic law. Marriage agreements are also regulated in the Civil Code, Marriage Law and KHI, where marriage agreements are permitted if they do not conflict with decency, legislation and public order. Monogamy as a material in a marriage agreement is permissible in Islamic law and has a normative reference in the Qur'an, Hadith and fiqh scholars. Laws and regulations in Indonesia also provide opportunities regarding monogamy which can be used as material for marriage agreements, even wives can require monogamy as taklik talak.]]>
<![CDATA[Ushul al-Hukumaniyyah al-Muassasat al-Jayyidah fi al-Islam ]]>
<![CDATA[Muhammad Shulthoni]]>
<![CDATA[ Jurnal Hukum Islam Vol 8 No 1 (2010) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v8i1.551
<![CDATA[The aim of this writing is giving a description on the subject of the relationship between religious ethics and good governance values to create a good corporate governance and good government governance. Some people argue that the implementation the good corporate governance is not satisfactory yet, due to the lack of awareness of government authority, private companies’ stakeholders, scholars, and society on the importance of the system for both government and non-government organizations. Therefore, to provide a comprehensive understanding to the scholars and practitioners, this paper attempts to explain the corporate governance anatomy, Islamic values, and social condition of Indonesian society, which may become an appropriate model of corporate governance for the private companies, government and non-government organizations.]]>
<![CDATA[DIMENSI LIBERAL DALAM PEMIKIRAN HUKUM IMAM ASY-SYAUKANI ]]>
<![CDATA[Ahmad Tubagus Surur]]>
<![CDATA[ Jurnal Hukum Islam Vol 8 No 1 (2010) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v8i1.550
<![CDATA[In the realm of liberals, ethic and justice values are regarded as the qath'i and eternal values that need upholding at the longest, while the rest is just particular and technical matter. Liberal schools has more intention on the sociological context rather than textual approach. So restriction on performing ijtihad is undoubtedly unintended; otherwise having wider space for ijtihad is absolutely required. This paper tries to uncover some dimensions of asy-Syaukani legal thought which is regarded as a liberal schools.]]>
<![CDATA[PERTINGKATAN KEBUTUHAN DALAM MAQASID ASY-SYARIAH (Perspektif Ilmu Ekonomi Islam Kontemporer) ]]>
<![CDATA[Waryani Fajar Riyanto]]>
<![CDATA[ Jurnal Hukum Islam Vol 8 No 1 (2010) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v8i1.582
<![CDATA[One of the basic methods in development of Islamic law which has muamalah (Islamic Economics) as a playing field is maqashid asy-syari’ah. The main goal of syariah is to generate and create maslahah, whereas the purpose of muamalah is to meet human needs. This article represents a preliminary study in attempting to find a point of contact of those two maslahah viewed from the steps of human needs as homo-economicus/homo-Islamicus.]]>
<![CDATA[KONTROVERSI PERKAWINAN BEDA AGAMA DI INDONESIA ]]>
<![CDATA[Sri Wahyuni]]>
<![CDATA[ Jurnal Hukum Islam Vol 8 No 1 (2010) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v8i1.561
<![CDATA[Implementation of interfaith marriage after the enactment of the Marriage Act No. 1/1974 is relatively difficult. The Act itself causes polemic in the understanding and implementation of interfaith marriage to appear. This paper tries to discuss different ideas controversy deals with interfaith marriage, the concept of marriage validity and legality under the Marriage Act, and deep discussion about interfaith marriage before and after the enactment of the Marriage Act.]]>
<![CDATA[DISTRIBUSI FAKTOR PRODUKSI: Pemerataan Kesejahteraan Ekonomi melalui Distribusi Faktor Produksi ]]>
<![CDATA[AM Hafidz MS]]>
<![CDATA[ Jurnal Hukum Islam Vol 8 No 1 (2010) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v8i1.583
<![CDATA[It is hard to deny that ownership of production factors should be fairly and proportionately distibuted. It will enable every economic agent to deliver maximum output and raise their revenue due to their participation in production process. Thus, it requires that distribution is just not dwell on the income distribution but also on the production factors. This paper seeks to describe the theory proposed by Islamic economy in the sake of production factors.]]>
<![CDATA[PERAN ZAKAT SEBAGAI PENDORONG MULTIPLIER EKONOMI ]]>
<![CDATA[Muhammad Nasrullah]]>
<![CDATA[ Jurnal Hukum Islam Vol 8 No 1 (2010) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v8i1.581
<![CDATA[The number of poor moslem people always increase. Education and income gaps are regarded as cause of the poor getting poorer and the rich get richer. It is the responsibility for Muslims to help each other to alleviate poverty through performing and empowering the zakat. Zakat plays an important role in the economy, especially in reducing poverty. The existence of zakat will increase aggregate demands from mustahiq raise; then it will increase aggregate supply and employment. This is known as an economic multiplier. The well managed zakat will bring about the great benefit of zakat in economy, especially to overcome the destituiton.]]>
<![CDATA[Tradisi Siram Tuwuh Pasca Perkawinan Perspektif Maqashid Syari’ah (Studi Kasus di Dusun Ngelo Desa Kempleng Kecamatan Purwoasri Kabupaten Kediri) ]]>
<![CDATA[Anggi Rizki Rachmat]]>;
<![CDATA[Imam Sukardi]]>
<![CDATA[ Jurnal Hukum Islam Vol 17 No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v17i1.2030
<![CDATA[Siram Tuwuh generally has a meaning namely "Tajdid Nikah" it is all accomplished because there is a certain reason and also one of a well known problem in the society which lasted for generations. It often happens among married couples who have been married for quite a long time. From these problems, there are two issues in this research, (1) The underlying factors of siram tuwuh occurence; (2) The Maqashid Syariah's analysis towards Siram Tuwuh practice. This research is a field research and a qualitative research using the method of the maslahah mursalah (Maqashid Syariah) approach. The results show that (1) Siram Tuwuh is carried out after marriage, by the terms the family is already established their basic necessities or economies and also have a child, Siram Tuwuh is essentially a form of gratitude by holding a new marriage contract which requires the presence of witnesses and male relative legally, in the process of this event also invites the neighbors to pray for the family who hold Siram Tuwuh, (2) The prosperity of Siram Tuwuh is the establishment of a happy, loving and supportive family and avoiding divorce which can cause the derelict children.]]>
<![CDATA[Penanaman Embrio Pada Rahim Istri yang Lain (Analsis Kritis Terhadap Fatwa MUI Tentang Kehamilan Berbantu) ]]>
<![CDATA[Najib Junaidi -]]>
<![CDATA[ Jurnal Hukum Islam Vol 17 No 2 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v17i2.2391
<![CDATA[This paper discusses of the MUI fatwa on June 13, 1979, about the practice of in vitro fertilization usinganother wife's womb. This practice was declared haram by the Indonesian Ulama Council's fatwa on the 13June 1979 about in vitro fertilization / Artificial Insemination. The MUI Fatwa normative argument, it willcause complications in inheritance issues, especially between children born with mothers who have ovum andmothers who conceive and give birth, and vice versa. This research is a normative juridical study, with theapproach of ushul fiqh, qawa'id fiqhiyah and comparison (comparison). The results showed that the practice of invitro fertilization by using another wife's womb, the law is permissible. Children born through this process have abearing for surrogate mothers who have conceived and delivered them. The complexity of inheritance issues that arefeared in the MUI fatwa can be overcome by determining the relationship of the nasab, because the nasabrelationship is one of the causes of inheritance. The mother of the owner of the ovum who becomes the origin or thesurrogate mother can be positioned the same as the mother who must be respected by the child, but has noinheritance relationship.]]>
<![CDATA[Konsep Tawakkal Dalam Perspektif Pasangan Perkawinan Anak di Desa Wedusan Probolinggo Jawa Timur ]]>
<![CDATA[Umar Faruq Thohir]]>
<![CDATA[ Jurnal Hukum Islam Vol 17 No 2 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/jhi.v17i2.2392
<![CDATA[This paper discusses tawakal in the perspective of the child marriages couple. This research uses a qualitative approach. Data obtained by interview, observation and documentation. The location of the study was Wedusan Village, Tiris District, Probolinggo. The informant of the study was 24 child marriages couple. Supporting informant is parents, the community and village officials. Analysis techniques using interactive models. The results showed that tawakal attitude has been internalized in the daily life of the community, including for a couple of child marriage in the village of Wedusan. Tawakal for a couple of child marriages is a must in addressing the difficulties of life because by tawakal they surrender all risks and accept all the wishes of Allah SWT. Tawakal attitude which has been internalized in the community including a couple of child marriages was caused by low educational and economic conditions, and also the interaction patterns that are still simple and traditional. Expressions from the tawakal attitude of the community in this region, including a couple of child marriages, are expressed in gratitude and have never complained about all the conditions they experience so that even though physically (economically) they look very lacking, they are very harmonious and happy in the household. The child marriage couple in the village of Wedusan believes that their possessions are deposited from Allah SWT so that under any circumstances they continue to work and not give up. This Tawakal attitude can be categorized as an active and lofty tawakal.]]>
