Al-Mahkamah: Islamic Law Journal
The aim of this journal publication is to disseminate the conceptual thoughts or ideas and research results that have been achieved in the area of Islamic Law particularly focuses on the main problems in the development of the sciences of Islamic Law areas as follows: 1. Islamic Law 2. Fiqh and Fatwa 3. Ushul Fiqh 4. Islamic Family Law 5. Islamic Criminal Law 6. Islamic economic law 7. Human Rights in Islam 9. Islamic Civil Law 10. Zakat, Wakaf, and Shodaqoh 11. Islamic Constitutional Law 12. Islamic Astronomical Law
Articles
28 Documents
<![CDATA[Analysis Of Islamic Family Law Renewal In Türkiye ]]>
<![CDATA[Siska Kinasih]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 1 No. 1 (2023): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v1i1.1
<![CDATA[Turkey was the first country to reform Muslim Family Law, and the idea emerged in 1915. Legislation of new laws to complement Islamic law on a large scale was carried out by the Ottoman rulers in the 10th/16th century AD. produce qanun . The Turkish Civil Law further elevates the status of women, especially the prohibition of polygamy, the freedom for wives to file divorce claims for certain reasons, as well as equality in inheritance. The reform of Islamic law in the format of family law legislation began in 1917 with the ratification of The Ottoman Law of Family Rights (Law on family rights) by the Turkish Government. The reform of family law in Turkey is a milestone in the history of family law reform in the Islamic world and has had a major influence on the development of family law in other countries.]]>
<![CDATA[Development Of Renewal In Islamic Law And Human Rights In The Modern World ]]>
<![CDATA[Fhadli Nur Hudzaifah]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 1 No. 1 (2023): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v1i1.2
<![CDATA[Muslim countries are often trapped in a dilemma between being exclusive and maintaining the principles of Human Rights (HAM) outlined by Islam through Islamic law, or following the principles of human rights regulated internationally through the Universal Declaration of Human Rights. Islamic law and human rights must always be pursued to open wider opportunities for mutual understanding and in turn this will facilitate the achievement of progress and protection of human rights in Muslim countries. On the other hand, this dialogue is an important means for developing human rights discourse and eliminating the negative stigma towards Islamic law which is often accused of violating human rights, as well as opening up space for interpretation and study of Islamic law which continuously leads to the relevance of Islamic law in contemporary life. From an Islamic perspective, the concept of human rights is explained through the concept of maqâshid al-syarî'ah (goals of shari'ah), which has been formulated by past scholars. The aim of the shari'ah (maqâshid al-syarî'ah) is to realize the benefit (mashlahah) of mankind by protecting and realizing and protecting the things that are their necessity (dharûriyyât), as well as fulfilling the things that are their needs (hâjiyyât ) and their decoration (tahsîniyyât). For this reason, it is necessary to dialogue between human rights and Islamic law in order to reach a common understanding On the other hand, this dialogue is an important means for developing human rights discourse and eliminating the negative stigma towards Islamic law which is often accused of violating human rights, as well as opening up space for interpretation and study of Islamic law which continuously leads to the relevance of Islamic law in contemporary life.]]>
<![CDATA[History of Criminal Law Enforcement and Islamic Justice in Saudi Arabia ]]>
<![CDATA[Casduloh]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 1 No. 1 (2023): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v1i1.3
<![CDATA[The Saudi Arabian judiciary can be an option for a modern justice system and is interesting to study because of several things, the first of which is that Saudi Arabia is the birthplace of the Prophet Muhammad SAW. and the Islamic religion is a role model for people throughout the world, but this country has a different government system from other Muslim countries. Saudi Arabian law is based on sharia which consists of the Koran and Sunnah. Ijmak and qiyas which were developed by the ulama after the death of the Prophet Muhammad also became sources of law. Judges' decisions in Saudi Arabia are heavily influenced by the writings of the Hanbali school of thought. Saudi Arabia is the only country in the world that makes the Koran and Sunnah its constitution, or at least it does not conflict with Islamic sharia and nothing else. The judiciary in Saudi Arabia is divided into three levels, namely Immediate Justice (al-mahakim al-musta'jilah) , Syar'iyah Court (al-mahakim asy-syar'iyyah) and the Judicial Supervisory Body (Hay'ah al-Muraqabah al- Qadha'iyyah).]]>
<![CDATA[Problematika Hukum Nikah Mut’ah Dalam Perspektif Hadis Mansukh ]]>
<![CDATA[Siti Desi Hidayati]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 1 No. 1 (2023): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v1i1.6
<![CDATA[Perbedaan pendapat antara Syiah dan Sunni dalam perpektif hadis mansukh sangat berpengaruh pada hukum nikah mut’ah, perbedaan bertolak belakang mengenai hadis mansukh dan alasan-alasan yang telah disebutkan menjadi dalil untuk masing-masing dalam menetapkan hukum terkait Nikah Mut’ah. Alasan Sunni berpendapat bahwa nikah mut’ah hukumnya haram adalah telah mansukhnya hadis yang dijadikan dalil oleh hadis nasikh yang telah disebutkan. Dan juga menjawab terkait kontroversi hukum nikah di kalangan sahabat, bahwasanya adapun sebagian mereka yang membolehkan karena belum sampai kepada mereka dalil yang mengharamkan. Praktik nikah mutah atau kawin kontrak dinilai tidak sah oleh hukum karena bertentangan dengan tujuan pernikahan.]]>
<![CDATA[Hukum Mencuri Dalam Keadaan Terdesak Berdasarkan Klarisifikasi Hadist Shohih ]]>
<![CDATA[Sugma Rahmawati]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 1 No. 1 (2023): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v1i1.7
<![CDATA[Pencurian dalam Fikih Jinayah sering disebut dengan kata sariqah. Sariqah (pencurian) merupakan salah satu dari tujuh jenis jarimah hudud. Al-Qur’an menyatakan, orang yang mencuri dikenakan hukum potong tangan. Hukum potong tangan diberlakukan dalam Islam dengan mempertimbangkan syarat dan rukun yang sangat ketat. Jika salah satu syarat tidak terpenuhi, hal ini belum dikatakan pencurian secara sempurna atau utuh. Sehingga hukuman bukan had, melainkan ta’zir. Hasil penelitian ini menyimpulkan bahwa Hadis dari Amr bin Al Ash bahwasahnya Rasulullah shallallahu alaihi wa sallam pernah ditanya tentang buah yang tergantung diatas pohon, lalu beliau bersabda: “Barangsiapa yang mengambil barang orang lain karena terpaksa untuk menghilangkan lapar dan tidak terus-menerus, maka tidak dijatuhkan hukuman kepadanya.]]>
<![CDATA[Principles of Law and Principles of Application of Islamic Law ]]>
<![CDATA[Dedi Ratno]]>;
<![CDATA[Fadhila Umari Dwinata]]>;
<![CDATA[Triska Nury Luthfiyah]]>;
<![CDATA[Muhammad Shilhaj Abdul Mujib]]>;
<![CDATA[Lutfa Fauzia Sukma]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law ]]>
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DOI: 10.61166/mahkamah.v2i1.14
<![CDATA[Abstract. Law is a rule that regulates human life in everyday life, the purpose of law is to regulate, discipline people and create peace. Islamic law is a series of rules revealed by Allah SWT through the Al-Qur'an, Hadith and Sunnah of the Prophet, to guide humans on the right path, obeying Islamic law can create peace. Several legal principles in Islam: The principles of monotheism, justice, amar ma'ruf nahi munkar, freedom and liberty, equality, mutual help, tolerance. The source of this principle teaches us as Muslims not to discriminate between race, ethnicity and religion in doing good deeds.]]>
<![CDATA[Review of Islamic Law Regarding Mobile Legend Diamonds as a Wedding Dowry ]]>
<![CDATA[Muhammad Jahid Lilhaq]]>;
<![CDATA[Muhibban]]>;
<![CDATA[Nurhasan]]>;
<![CDATA[Muhammad Rafi Mudzakky]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v2i1.18
<![CDATA[This journal reviews Islamic law regarding diamond mobile legends as a wedding dowry. This research aims to find out diamond mobile legends as a dowry from the perspective of Islamic law. This type of research is qualitative research through literature studies in journals and theses. The result of this research is that Mobile Legends diamonds cannot be used as dowry because the top up law in Mobile Legends is that it is not allowed to neglect the player and is against Sharia benefits, whereas according to Sharia law, dowry must be Sharia benefits. In the context of Islamic law, the use of Mobile Legends diamonds as a wedding dowry requires careful consideration. Therefore, the author chose to analyze the title. The law of dowry is obligatory as stated in the Ash-Shafi'i School of thought which defines dowry as something that is obligatory because of marriage or the legal fulfillment of the right to sexual intercourse, because of forced deprivation of the right to sexual intercourse on the part of the husband, or because of khulu' and testimony. So, what is required from men for women is called dowry. Furthermore, the term dowry includes those required because of a valid marriage and those required because of sexual intercourse, whether in a broken, questionable or forced contract. So the meaning of dowry in terms of meaning is more precise than the meaning of dowry according to sharia terms, because the meaning of dowry according to sharia includes what is given to women to justify having sexual relations because of doubts and so on. According to the author, the law on mobile legends diamonds as a wedding dowry is invalid because the mobile legends top up law itself is not permitted because it contains waste and elements of a zero sum game (betting money) while the terms of the dowry are something that is sharia.]]>
<![CDATA[The Validity of Politicians as Marriage Witnesses from the Perspective of Islamic Law ]]>
<![CDATA[Syahnur Aida Alifia]]>;
<![CDATA[Sal Sabila Alamsyah]]>;
<![CDATA[Muhammad Misbakul Munir]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v2i1.19
<![CDATA[. This research aims to investigate the validity of politicians as witnesses in marriage contracts from the perspective of Islamic law. The objectives of this study are to analyze the views of scholars regarding the requirements that must be fulfilled by marriage witnesses in Islam and to evaluate the suitability of politicians in that role. The research method employed is literature analysis, involving the exploration and analysis of various scholars' views on marriage witnesses in Islam found in classical Islamic legal texts as well as the opinions of contemporary scholars. The findings indicate that the majority of scholars emphasize that marriage witnesses must be a Muslim who is just, with additional emphasis on criteria such as maturity, integrity, and fairness. However, there are differing opinions regarding the validity of female witnesses. Additionally, the evaluation of the suitability of politicians as marriage witnesses according to Islamic law encompasses aspects such as moral integrity, honesty, and their leadership competence. This research provides relevant insights into understanding the role of politicians in the context of marriage in Islamic law and highlights the complexity in determining the suitability of witnesses in the institution of marriage within Islamic society.]]>
<![CDATA[Tinjauan Fiqih Munakahat terhadap Tradisi Perkawinan Nyuwita Ngawula di Masyarakat Suku Samin, Kecamatan Kradenan, Kabupaten Blora ]]>
<![CDATA[M Yosi Ramadan]]>;
<![CDATA[Ahmad Farishin Ikhwan]]>;
<![CDATA[Muhibban]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v2i1.21
<![CDATA[This research aims to examine this tradition from the perspective of munakahat jurisprudence. This research uses a qualitative approach with case study methods and field observations. Data was collected through in-depth interviews with traditional leaders, religious leaders and the Samin tribe community. The Nyuwita Ngawula tradition, a traditional wedding tradition of the Samin tribe which is full of meaning and positive values, has an important role in building marital harmony. This tradition provides an opportunity for the prospective husband and wife to get to know and understand each other before getting married, as well as helping the prospective wife's family to assess the seriousness and abilities of the prospective husband. This tradition requires the prospective husband to stay with his prospective wife for 3-7 days. While living at the prospective wife's house, the prospective husband is obliged to help with household chores in order to get an assessment from the prospective in-laws. This nyuwita mgawula tradition has several positive impacts, such as getting to know each other before marriage, and feeling caring and mutual cooperation in a household relationship. The results of the research show that the Nyuwita Ngawula tradition has some conformity with the principles of munakahat fiqh, such as the existence of a marriage guardian, dowry, and marriage vows. However, there are several aspects that need to be addressed. The conclusion of this research is that the Nyuwita Ngawula tradition needs to be adjusted to be more in line with munakahat fiqh. This can be done through educating the Samin tribe community about the harmony and legal requirements for marriage, as well as separating the residence of the prospective bride and groom during the ngawula period.]]>
<![CDATA[Implementation of Ijab Qabul with One Breath Perspectives of the Imams of the Mazhab and Sheikh Muhammad Arsyad Al-Banjari in Kitab An-Nikah ]]>
<![CDATA[Fauziah Nuraini, Dewi]]>;
<![CDATA[Nor Laily, Ana]]>;
<![CDATA[Hifzi, Muhammad]]>
<![CDATA[ Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law ]]>
Publisher : <![CDATA[Penerbit Hellow Pustaka ]]>
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DOI: 10.61166/mahkamah.v2i1.22
<![CDATA[This study explains how the real truth of ijab qabul in the midst of the controversy of the many claims for the execution of the ijab with a single breath which happened at Rizky Febian and Mahalini’s marriage contract. This research is a qualitative research method with descriptive analysis by describing the data obtained through words rather than in the form of numbers. Using library research as a source of data that the author then uses to determine the relevant legal provisions and the actual principles of the reality that occurs so that it can present legal answers to the problem digged. The results of the study showed that when analysed with the opinion according to the Sheikh Muhammad Arsyad Al-Banjari in the Book of An-Nikah, as well as the opinions of the priests of Mazhab, there is no provision explicitly regulating and also absolute on the claim to façade the ijab qabul in a breath and there are no provisions prohibiting it. Thus, it can be said that the execution of ijab qabul with one breath and must be connected with the law is jaiz, that is, can be done and can be left as long as it does not violate the existing provisions and this is also not an absolute condition in the implementation of ijab qabul, so affecting to touch the validity of an obstacle.]]>
