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Sahaja : Journal Sharia and Humanities
Published by Universitas Darunnajah
ISSN : 29647096     EISSN : 28299396     DOI : https://doi.org/10.61159/sahaja.v3i1.174
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Sahaja specifications in the discourse of Sharia and Humanities. Sahaja invites scholars, researchers, and students to contribute the result of their studies and researches in the areas related. That aims to encourage and promote the study of the sharia and humanities from a wide range of scholarly perspectives. The journal focuses on Sharia and Humanities. It covers the studies of Sharia and Humanities accros different areas in the world (The Middle East, The West, Archipelago and other areas), Methodology of Sharia and Humanities. This journal warmly welcomes to any contributions from scholars of the related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 94 Documents
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PENGARUH KESALAHAN WALI PADA KEABSAHAN PERNIKAHAN Noor Efendy; Ainur Rahmah
Sahaja: Journal Sharia and Humanities Vol. 3 No. 1 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v3i1.211

Abstract

Marriage in Islam is an act of worship and is a sunnah recommended by the Prophet Saw. Marriage is a bridge for two families to stay in touch with each other, legalize the association between men and women, and as a place to continue offspring. As an act of worship, marriage has pillars and conditions that must be carried out so that the marriage is valid in the eyes of religion. One of the requirements in marriage is the guardian of the prospective woman. However, in reality in the community, there are still many cases of guardian error in a marriage. Some of the factors for guardian error are the lack of public knowledge about the pillars of marriage, the unknown whereabouts of the biological father, adopted children who never know about their status, and others. Guardian error affects the validity of the marriage and the marriage is considered defective. In Islamic law, KHI, and the Indonesian Marriage Law agree that the mistake of the guardian causes the marriage to be invalid and must be annulled and then remarry with the correct guardian in accordance with the predetermined order of guardians.
KHI Versus CLD KHI: Studi Kasus pada Implementasi di Indonesia Tedi Sumaelan
Sahaja: Journal Sharia and Humanities Vol. 3 No. 1 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v3i1.256

Abstract

This study aims to examine the differences in epistemology, orientation, and substance between the Compilation of Islamic Law (KHI) and the Counter Legal Draft Compilation of Islamic Law (CLD KHI) as products of Islamic family law reform in Indonesia, as well as socio-political factors that influence the codification and implementation process of both. This research uses a qualitative method with a case study approach. Data were collected through document studies, interviews, and observations. The results show that KHI and CLD KHI have differences in epistemology, orientation, and substance that reflect different views on Islamic law and women. KHI is more conservative, formalistic, and patriarchal, while CLD KHI is more progressive, substantial, and egalitarian. Socio-political factors that influence the codification and implementation process of both include political context, social power, and intellectual dynamics. This research provides implications and recommendations for the development of Islamic family law that is more just, democratic, and responsive to the needs of society.
KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI BERDASARKAN KETENTUAN KOMPILASI HUKUM ISLAM DAN PERSPEKTIF IMAM NAWAWI Alfina Indah Putri Fina; Muhamad Arief Al Hakim
Sahaja: Journal Sharia and Humanities Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v3i2.275

Abstract

This article examines the position of grandchildren as substitute heirs in the Islamic inheritance law system, with a focus on the provisions in the Compilation of Islamic Law (KHI) and the perspective of Imam Nawawi. This research aims to identify how the position of grandchildren as successor heirs is regulated in the two legal sources and compare their suitability. The method used is a literature study with qualitative analysis of Islamic legal texts and the works of Imam Nawawi. The research results show that although the KHI regulates the position of grandchildren as substitute heirs under certain conditions, there are differences in the interpretation put forward by Imam Nawawi regarding this matter.
FENOMENA CHILDFREE DALAM PANDANGAN HUKUM ISLAM PERSPEKTIF MAQASHID AL-SYARI’AH DAN RELEVANSINYA DENGAN HARTA WARIS Taufiq Ramadhan; Wahida Aulia Fahrani
Sahaja: Journal Sharia and Humanities Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v3i2.289

Abstract

Marriage as a sacred bond between a man and a woman, is meant to produce offspring and the continuation of human life. However, not all couples want to have children or choose to be childfree. This phenomenon raises questions about the ideal concept of marriage in Islam towards childfree and its implications for inheritance. This study aims to determine the concept of marriage, the phenomenon of childfree, and its impact on inheritance in the perspective of Maqashid al-syari'ah. By using a qualitative method with a type of literature review research, this research analyzes the Islamic perspective on childless marriages, emphasizing the importance of maintaining human lineage (hifdz an-nasl) and protecting property (hifdz al-mal). The results of this research are: 1) The concept of ideal marriage in Islam related to protecting offspring (hifdz an-nasl) and protecting property (hifdz al-mal) aims to create a family that is prosperous materially and spiritually. 2) That having children is recommended in Islam, but not an obligation, and childfree is allowed as long as it does not conflict with the objectives of Islamic law. If childfree is contrary to Maqashid al-syari'ah, then it is prohibited. 3) For heirs who are childfree, the impact of inheritance can involve changes in the distribution of inherited property.
PRINSIP MAQASHID SYARIAH DALAM PENGELOLAAN SUMBER DAYA ALAM TAMBANG PASIR: MAQASHID SYARIAH PRINCIPLES IN MANAGING NATURAL RESOURCES OF SAND MINING Hamdan Arief Hanif; Wiwin Hasrianti Rukmana Rahamtia
Sahaja: Journal Sharia and Humanities Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v3i2.313

Abstract

Abstract Indonesia is very rich in natural resources spread throughout Indonesia. Indonesia has a variety of natural resources, one of which is the natural resource of sand mining. It is known that sand mining is a sector that has many impacts on society, government and the environment. For this reason, it is necessary to carry out this research to find out the principles of maqashid sharia regarding sand mining. This research aims to determine the management of natural resources, especially sand mining natural resources which have both positive and negative impacts based on maqashid sharia principles. The type of research used in this research is library research in the form of content analysis using normative juridical and normative syar'i approaches. The method used in this research is to look for sources related to the research title and examine these sources which can explain this research. With this research, it is hoped that sand mining will provide many benefits and reduce harm. Keywords: Natural Resources, Sand Mining, Maqashid Syariah
PERILAKU PENYIMPANGAN SEKSUAL SUAMI TERHADAP ISTRI DALAM IKATAN PERKAWINAN Taufik; Nailah Mumtazah
Sahaja: Journal Sharia and Humanities Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v3i2.318

Abstract

This study discusses the problem of sexual deviation behavior in marital relations and analyzes the Judge's Decision at the West Jakarta Religious Court. This study aims to determine the forms of sexual deviant behavior as well as Islamic legal remedies that must be carried out on sexual deviant behavior and analyze the judge's decision to settle divorce cases due to sexual deviant behavior. This study uses a qualitative research method of library research. The primary data source in this study is the Judge's Decision Document at the West Jakarta Religious Court while the secondary data sources are in books, journals, newspapers and previous research. The result of this study is that the sexual deviation of a husband against his wife according to Article 8 letter A of Law Number 23 of 2004 is an act of violence which is defined as any act in the form of forcing sexual intercourse, forcing sexual relations in an unnatural way to be liked by the wife.
ITSBAT TALAK: MENEGOSIASIKAN KEPASTIAN HUKUM ISLAM DAN PERLINDUNGAN HAK PEREMPUAN Fuat Hasanudin
Sahaja: Journal Sharia and Humanities Vol. 3 No. 2 (2024): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v3i2.320

Abstract

This research aims to analyze the issue of divorce outside the court and negotiate between the certainty of Islamic law and the protection of women's rights. Divorce outside of court is still a common practice in Indonesia, even though this is contrary to positive law provisions which require divorce to be carried out before a court hearing. The research method used is a literature study by analyzing various references related to a normative approach. The research results show that divorce outside of court is considered valid according to Islamic law, but is not valid according to positive law in Indonesia. This creates legal uncertainty and potential violations of women's rights, especially regarding the right to iddah living, joint property, and the right to remarry. On the one hand, divorce before the court is part of efforts to enforce legal certainty in divorce, but on the other hand, the practice of divorce outside the court has various potential violations of women's rights. Itsbat Talak is an effort to negotiate between the certainty of Islamic law and strengthening legal protection for women in the practice of divorce
CONTEXTUALIZATION OF ISLAMIC LAW FOR LOCAL MUSLIM MINORITIES: THE TRADITION OF BERAS KAFARAT IN DEATH RITUALS IN KERINCI, JAMBI, FROM THE PERSPECTIVE OF AL-‘URF Bayu Arif Mahendra; Asmawi; Muhamad Arief Al Hakim
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.391

Abstract

This study examines the beras kafarat tradition in Tebing Tinggi, Kerinci Regency, Jambi, Indonesia, highlighting its religious and social significance in death-related rituals using the al-‘urf approach within the scope of the contextualization of Shari'a, considering the limited Muslim population. This tradition serves as an atonement for the deceased who may have neglected religious obligations, fostering solidarity in the community and a sense of unity amidst the pressures of modernization. Using a qualitative approach, data were collected through interviews and observations, involving local residents and ninik mamak (community elders) for a deeper understanding. The findings reveal that the beras kafarat tradition is not only a religious act but also provides emotional comfort to grieving families, alleviating the social pressures they face after the death of a loved one. Furthermore, this study emphasizes the role of the younger generation in preserving this tradition, as their involvement is crucial for its continuity. Adapting traditional practices to suit the modern context without losing cultural and religious values is also important. Overall, the sustainability of the beras kafarat tradition relies on educational and communal efforts to preserve this cultural heritage. This study aims to enhance understanding of the interaction between tradition, religion, and social dynamics in Indonesian Muslim society and to encourage dialogue on the importance of preserving traditions amidst societal change.
bahasa inggris: HISTORICAL DIALECTIC ANALYSIS OF ARKOUN, AL-GHAZALI'S EPISTEMOLOGY, AND IBN RUSYD'S FIQH OF IKHTILAF Muhammad Samson Fajar; Enizar; Abdul Qodir Zaelani; Sofyan Munawar
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.395

Abstract

The increasing phenomenon of individuals choosing to be single in the modern era is a significant social change. Various factors such as career busyness, individual freedom, and changes in social values ??have influenced people's mindsets towards the institution of marriage. This study analyzes how the critical reasoning of the Qur'an responds to the phenomenon of being single with a multidisciplinary approach that combines the historical reasoning of Muhammad Arkoun, the epistemology of Al-Ghazali, and the fiqh of ikhtilaf of Ibn Rushd. The research method used is library research, by making the Qur'an as the main source in responding to the law of celibacy (rahbaniyah). Secondary data was obtained from relevant books of interpretation, history, sociology, and psychology. The results of the study show that although Islam does not absolutely prohibit individuals from being single, marriage remains an institution recommended in Islam to maintain social stability and the sustainability of civilization. In the dialectical analysis, it was found that Arkoun emphasized the historical and social context in understanding Islamic teachings, while Al-Ghazali saw the spiritual and moral aspects of the individual in the decision to be single. Ibn Rushd, with his ikhtilaf fiqh approach, emphasized that marriage has flexible laws depending on the individual and social conditions. Therefore, this study concludes that marriage is more recommended than being single because it has broader benefits in social, economic, and psychological aspects, although it still provides space for individuals to consider their personal conditions.
ANALYSIS OF THE 'URF CONCERNING THE PROHIBITION OF NGALOR NGULON MATRIMONY IN TUMPAKKEPUH VILLAGE, BAKUNG, BLITAR Rivaniansyah Siacahyo Winarno; Saipul Nasution; Jamhuri; Iman Nur Hidayat; Meitria Cahyani
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.398

Abstract

This study examines the practice of preventing marriage known as "Ngalor Ngulon" in Tumpakkepuh Village, which is primarily Muslim. This custom forbids marriage if the prospective groom's residence is situated in the north-west direction relative to the prospective bride's residence, as it is considered to result in calamities such as discord, mortality, or financial hardships. This research employs a qualitative methodology utilizing a sociological-legal framework. Data were collected via interviews with village heads, traditional authorities, religious leaders, and community members, in addition to direct observation. Literary analyses pertaining to Islamic jurisprudence concerning 'urf and matrimony further substantiate this research. The study's findings indicate that the practice of "Ngalor Ngulon" is categorized as 'urf fasid due to its lack of foundation in Islamic law. Islam does not forbid marriage depending on the orientation of the residence; instead, it underscores the fundamental principles and prerequisites of marriage. This tradition is preserved as a cultural heritage. This study aims to enhance the community's comprehension of the Islamic notion of marriage and to illuminate scholars' perspectives on the interplay between local customs and sharia law.

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