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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 8 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2025)" : 8 Documents clear
Settlement of Sharia Business Disputes Through the National Sharia Arbitration Board (BASYARNAS) Mochamad Imron
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.26

Abstract

The National Sharia Arbitration Board (BASYARNAS) is an arbitration institution that has the authority to resolve sharia business disputes. BASYARNAS has its own arbitration procedural law which can be used as a legal option for the disputing parties as regulated in the BASYARNAS Procedural Regulations. However, to apply for sharia business dispute resolution through BASYARNAS, the applicant must remain based on the arbitration clause or arbitration agreement. This research is normative research with descriptive research type. The approach used is applied normative. Data collection was carried out by literature study. The data used is primary data and secondary data. Secondary data consists of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data was then analyzed qualitatively. The research results show that the legal basis used in resolving disputes through BASYARNAS is Islamic law and national law. The BASYARNAS Procedure Regulations regulate the legal basis used, namely the Al-Qur'an, As-Sunnah, Ijma', Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, MUI Decree, and DSN-MUI Fatwa. The parties who have agreed to resolve their disputes at BASYARNAS will be resolved and decided according to BASYARNAS procedural rules. The procedure for resolving disputes through BASYARNAS is as follows: request for arbitration, appointment of a single arbitrator or panel of arbitrators, response from the respondent, conciliation, witness or expert evidence, withdrawal of the application, decision, registration of the decision, and execution of the BASYARNAS decision. The supporting factor in resolving sharia business disputes through BASYARNAS is that BASYARNAS arbitrators are competent arbitrators in their field. Meanwhile, the inhibiting factors in resolving sharia business disputes through BASYARNAS are resistance from third parties, resistance from the executed party, requests for judicial review (PK), unclear rulings, and the object of execution is state property.
Islamic Law Review of Scholarships Distributed Through Conventional Banks for FKIS Students at Trunojoyo University Ishak
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.27

Abstract

 (Scholarship is a work program that exists in every school. The scholarship program The scholarship program is held to ease the burden on students in pursuing their studies, especially in terms of costs. The provision of scholarships to students is carried out selectively in accordance with the type of scholarship held, scholarship recipients excel in the scope of academic participants, the average value of the last report card, attendance attendance, behave well, have good morals, are active in organizations.The provision of scholarships is an income for those who receive and the purpose of the scholarship is to help ease the burden of tuition fees for students who get scholarships).
Comparison of Arbitration and Mediation in Non-Litigation Dispute Resolution: Sharia Economics in the Framework of Islamic Law and Positive Law in Indonesia Medina Nailul Amani
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.28

Abstract

Dispute resolution in Indonesia can be done through various mechanisms, two of which are arbitration and mediation, which are often used in the context of non-litigation disputes. In the context of Islamic economics, these two dispute resolution methods have particular relevance because of the principles of Islamic law that are applied in various business transactions, such as finance, banking, and commercial contracts. This study aims to compare the role of arbitration and mediation in resolving Islamic economic disputes in Indonesia, both within the framework of Islamic law and positive law. From an Islamic legal perspective, arbitration and mediation are seen as methods that are more in accordance with the principles of justice, peace, and deliberation. Meanwhile, within the framework of Indonesian positive law, both methods are regulated by laws, such as Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and Law Number 8 of 1999 concerning Consumer Protection. Although both offer advantages in terms of efficiency and flexibility, the main difference lies in the implementation and acceptance of the resulting decisions. Arbitration produces a binding decision, while mediation prioritizes peaceful resolution that is consensual. This study is expected to provide a deeper understanding of the most effective options in resolving Islamic economic disputes in Indonesia, by considering the values ​​of Islamic law and applicable positive law.
The Concept of Justice in the Perspective of Islamic Legal Philosophy and Ethics Moh Ramli
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.29

Abstract

The concept of justice is a fundamental element in Islamic legal philosophy and ethics, serving as the foundation for the legal system as well as moral values. In the context of legal philosophy, justice is understood as the enforcement of balanced rights and obligations, an idea reinforced by the theories of philosophers such as John Rawls, who emphasized the importance of fair distribution of resources. On the other hand, in Islamic ethics, justice has a rich moral and spiritual dimension, where the teachings of the Qur'an and Hadith emphasize the need for fair treatment of every individual. This article also explores the challenges faced in implementing the principles of justice in a complex modern society, including differences in interests and the integrity of leaders. By integrating the perspectives of Islamic legal philosophy and ethics, it is hoped that a more just, harmonious, and prosperous society can be created.
Iddah Period Reviewed from the Qur'an and Compilation of Islamic Law Moch Andika Rajeswara
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.30

Abstract

Iddah is a period of waiting for a woman after the fall of talaq from a husband or due to death. Refrain from remarrying until the end of the iddah period. The purpose of this study is to understand how a wife's iddah after divorce. This research includes literature research that uses descriptive analytical as a method. This paper aims to provide a comprehensive analysis of the discussion of iddah in the Qur'an and the Compilation of Islamic Law, along with the types and axiological values in it where iddah is part of a woman's marriage journey after a divorce.
A Comparative Study of Child Custody Under Islamic and Nigerian Laws Uthman Abdulhameed; Daud Olalekan Abdulsalam; Abolore Muhammad-Awwal Ishaq; Saheed Adewale Badmus
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.31

Abstract

Child custody cases have been attended to differently in term of jurisdiction within the frame of Islamic and Nigeria laws. Although like Sharīᶜah, Nigeria laws also emphasize the importance of the interest of the child, despite this, there are numerous dissimilarities that lie between the Islamic and Nigeria laws on the issue of child custody. Therefore, this paper aimed at analyzing the differences that are inherent in the two laws with a view to showcasing the similarities and dissimilarities. It also aimed to assess the Islamic principles governing child custody, including the factors considered in determining the most suitable guardian, the rights and responsibilities of the custodian, and the legal procedures involved. The paper adopted descriptive and analytical methods of research in carrying out the study. The descriptive method was used in explaining how child custody is being maintained under Islamic and Nigerian laws while analytical method was used to discuss the similarities and dissimilarities between the two laws. The paper revealed that the common similarity between them on child custody is in the area of interests of the child in choosing his custodian. It also found that Nigeria law always gives priority to father in most cases in Nigerian customary law except where the child has not reached the age of puberty. The paper concluded that the parents are custodians of their children and are responsible for them before Allah. Therefore, the paper recommended that couples should find possible means of avoiding separation and when it becomes necessary the interest of the children should be given priority.  
Why Did Prophet Muhammad Marry Zaynab Bint Jahsh Who Was His Cousin and Stepson’s and Adopted Son’s Wife? Guru Dev Teeluckdharry (also known as Salahuddin Rabbani - Muslim Revert)
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.35

Abstract

According to many Jewish, Christian, and Hindu opponents of Islam, Prophet Muhammad Sallallahu Alayhi Wa Sallam (The Last and Final Prophet of Islam - Peace Be Upon Him) was a sexual pervert and incestuous father-in-law because he married his cousin and adopted son’s wife called Hazrat Zaynab bint Jahsh (ra). Many Muslim Scholars, Ulemas, Mawlanas, and Clerics have refuted such a blasphemous allegation through the statement that the marriage of Hazrat Zaynab bint Jahsh (ra) with Prophet Muhammad Sallallahu Alayhi Wa Sallam (The Last and Final Prophet of Islam - Peace Be Upon Him) occurred due to a Divine Revelation from ALLAH, The Most Merciful and Most Gracious as stipulated in Surah Al-Ahzab 33:37, 33:38, and 33:39 of The Glorious Quran.  
Consumer Tax in Islam Dwi Hanif Febriansyah
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i1.46

Abstract

A country is prohibited from collecting the wealth of its citizens without any underlying law. Tax is one of the main products of the state and is an important part of financial policy. Scholars argue based on ijtihad that tax (dharbah) is permissible and arises for reasons that are different obligations to the wealth of Muslims compared to zakat. The other side says that there is no tax (which is detrimental) that is permissible or impermissible according to Sharia. Many scholars argue that tax is prohibited and some argue that it is permissible, then we can see tax law, especially in Indonesia, with the maqashid of Sharia. If analyzed with the view of two levels of maqashid of Sharia according to As-Syatibi: Al-Daruriyah & Al-Hajjiyyah. So it can be concluded that consumer tax law is permissible for the sake of the benefit and must be obeyed by those who are obliged to pay consumer tax so that it does not become an unwanted dharuroh.

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