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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 28 Documents
 1   2   3 
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.
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.

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