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Al-Mahkamah: Islamic Law Journal
Published by Penerbit Hellow Pustaka
ISSN : -     EISSN : 30310857     DOI : https://doi.org/10.61166/mahkamah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2024): Progressive Islamic Law" : 5 Documents clear
Principles of Law and Principles of Application of Islamic Law Dedi Ratno; Fadhila Umari Dwinata; Triska Nury Luthfiyah; Muhammad Shilhaj Abdul Mujib; Lutfa Fauzia Sukma
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i1.14

Abstract

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.
Review of Islamic Law Regarding Mobile Legend Diamonds as a Wedding Dowry Muhammad Jahid Lilhaq; Muhibban; Nurhasan; Muhammad Rafi Mudzakky
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i1.18

Abstract

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.
The Validity of Politicians as Marriage Witnesses from the Perspective of Islamic Law Syahnur Aida Alifia; Sal Sabila Alamsyah; Muhammad Misbakul Munir
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i1.19

Abstract

. 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.
Tinjauan Fiqih Munakahat terhadap Tradisi Perkawinan Nyuwita Ngawula di Masyarakat Suku Samin, Kecamatan Kradenan, Kabupaten Blora M Yosi Ramadan; Ahmad Farishin Ikhwan; Muhibban
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i1.21

Abstract

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.
Implementation of Ijab Qabul with One Breath Perspectives of the Imams of the Mazhab and Sheikh Muhammad Arsyad Al-Banjari in Kitab An-Nikah Fauziah Nuraini, Dewi; Nor Laily, Ana; Hifzi, Muhammad
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 1 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i1.22

Abstract

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.

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