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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. 2 (2024): Progressive Islamic Law" : 5 Documents clear
The Legal Position of Islam in Indonesia Karin Yuhsan; Dedi Ratno
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 2 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i2.16

Abstract

Islamic law is considered the law of God. That is, Islamic law is in the form of Allah's rules that aim to regulate the relationship between humans and God (worship) and the relationship between humans and society, the relationship between humans and daily human activities (muammalah). In Indonesia, Islamic law is adopted in the environment of Religious courts. A woman who has a case in a Religious Court needs to understand the history of its development and its legal sources. In this context, a woman may only litigate in the fields of marriage and inheritance. In this field, a woman does not find legal provisions based on equality between men and women. Instead, she finds legal provisions that are not yet appropriate. The Receptio Theory must continue to exist in the formation of new Indonesian law, because Islamic law is the main factor in the development of law in Indonesia in the form of Indonesian national law. The emergence of the Receptio A Contrario theory means that for Muslims, Islamic law applies, while customary law can apply if it does not conflict with Islamic law. In the development of Indonesian national law, religious law (Islamic Law) is the most dominant basis, where Islamic law plays a very important role in shaping the behavior of Indonesian people. Therefore, Islamic law is an absolute element for the development of Indonesian national law.
The Concept of Islamic Justice During the Umayyad Dynasty Riska Rosidah
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 2 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i2.17

Abstract

Justice in Islam is very important, to realize justice and welfare and as an effort to protect the rights and obligations of individuals, groups and society as a whole, this is in accordance with the principles and objectives of Islamic law itself. With the existence of Islamic justice, the freedom of each individual is protected, the equality of every individual's rights before the law and in social life is maintained, and social security for every individual and society can be realized.Based on the purpose of, the implementation of Islamic justice as a forum for implementing or carrying out the laws of Allah SWT and uniting Allah SWT, it can be concluded that the implementation of Islamic justice is worship. However, it does not mean that everyone can become a judge as a court implementer because there could be mistakes if the position of judge is not carried out by knowledgeable people.As a note, every judicial administrator is free from the interests of the ruler and the influence of political interests. It was different during the time of al-Khulafa Al-rasyidin, a Caliph who directly held the court and acted as a Judge. Where the Umawiyyah Era was the era of the rise of patriarchy in the realm of government. Islam which is relatively widely spread abroad is not accompanied by good internal system management. At this stage, the social institutions that have been built cannot all be realized, because there will always be conflicts that hit. As a consideration, every period of government in a nation and country. Leadership must uphold a law. Thus, when we uphold a law properly as the foundation of the strength of the nation and country or even a monarchy government will bring peace, justice and welfare.
Legal Protection In Indonesia Against Badal Hajj Fraud Fauziah Nuraini, Dewi; Maulida, Nor; Fauzi, Nazela
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 2 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i2.23

Abstract

This study aims to find out more deeply about badal haji in order to avoid badal haji fraud and legal steps that can be taken when fraud has occurred in the implementation of badal haji. Using normative legal research methods. Data collection is done by literature study which is researched by conducting a review of legislation and literature on the subject under study. Prudence is one of the things that needs to be prioritized, in order to be careful in determining something, in this case related to badal haji, so as not to be deceived by unscrupulous people who seek profit in narrowness. By knowing the conditions, pillars and obligations of Hajj as well as the law and mechanism of badal haji, is also one way to avoid fraud. As for the case of fraud that has befallen a person who in this case is a participant in badal haji, whether there is a default or an act against the law and so on, legal protection in Indonesia can be a solution because then a person can know what steps to take in this case, such as; reporting to the police or by filing a civil lawsuit.
Review of Munakahat Jurisprudence on Prospective Brides Staying at the Prospective Groom's House Before the Marriage Contract (Kisam Tradition in Berasang Village, Kisam Tinggi District, South Ogan Komering Ulu Regency) Muhammad; Muhibban; Huslan Husada
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 2 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i2.24

Abstract

This research aims to examine Islamic jurisprudence regarding prospective brides who live in the prospective groom's house before the marriage ceremony, according to the Kisam tradition in Berasang Village, Kisam Tinggi District, South Ogan Komering Ulu Regency. This research uses the library study method, collecting primary data through observation and interviews, complemented by secondary data. This research found that the Kisam tradition is a cultural practice that is contrary to Islamic law because in its implementation there are elements of khalwat which are prohibited in Islam. In Islamic law, being together without a mahram is strictly prohibited because it can lead to adultery.
Relevance of Ibn Fudi's Views on the Etiquette of Dining and Hospitality in His Diyā’u-t-Ta’wīl to Contemporary Yoruba Society Hassan, Abdullah Sayuti; Saheed Adewale BADMUS
Al-Mahkamah: Islamic Law Journal Vol. 2 No. 2 (2024): Progressive Islamic Law
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v2i2.25

Abstract

Social etiquette—including dining and hospitality etiquette—has almost disappeared in contemporary Yoruba society. This is because some Yoruba individuals have begun to imitate Western practices in everything. Behaviours that do not align with Islamic etiquette in dining and hospitality have become common, particularly among the youth, including young Muslims in Yoruba lands. In this society, those who attempt to adhere to these etiquettes are often considered as nonconformists and sometimes labelled as extremists. This paper, therefore, aims to study the application of dining and hospitality etiquette in the Yoruba community through the views of Ibn Fudi in his commentary entitled: “Diyā’u-t-Ta’wīl”. To achieve the aim of this study, the research employs an analytical method to clarify the etiquettes of dining and hospitality as explained by Ibn Fudi in his Tafsir. in relation to the contemporary Yoruba society. The findings of this study show that deviations from proper dining and hospitality etiquette are widespread in Yoruba land such as eating or drinking with the left hand or while walking, expecting the host to taste the food first before the guest eats and the refusal to dine with those of lower status, among other practices. These behaviours result has caused negative impacts on individuals and society, such as diminished affection, social fragmentation and wishing ill upon others. The solution lies in applying the dining and hospitality etiquettes as outlined in Ibn Fudi’s commentary. The study suggests that scholars in Yorubaland should link the social etiquettes found in Ibn Fudi’s Tafsīr to contemporary Yoruba society for societal improvement. They should also highlight the drawbacks of neglecting Islamic etiquettes, especially in dining and hospitality, and the benefits that their application brings to individuals and the community. Members of the community should also be committed to whatever will help them uphold these etiquettes.

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