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NALAR FIQH: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
ISSN : -     EISSN : -     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 79 Documents
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Kaidah Keyakinan atas Keraguan dan Implementasinya dalam Urusan Pemerintahan Nurrosidha, Aulia; Fahriyyah, Jihan; Fazran, Rafli Fadhil; Alpiqri , Annas
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1272

Abstract

This paper produces an analysis of fiqh rules “al-yaqin la yuzal bi al-syak” and its implementation in government affairs. This study uses content analyst technique, on existing written data. This research finds that the description of the “al-yaqin la yuzal bi al-syak” fiqh method is that if someone has believed in a case, then what has been believed cannot be removed with doubt (things that are still in doubt). This rule emphasizes that a law that is based on belief cannot be influenced by doubts that arise later. Because before the doubt arose, he had believed in the validity of the taharah that had been done. Thus, this rule shows us the perfection of the Islamic religion that we love. If we apply this rule, then we will be more convinced that Islam is a religion that brings mercy to the universe.
Denda Adat Mengkhitan Anak Perspektif Hukum Islam (Studi di Desa Rambah Kecamatan Tanah Tumbuh Kabupaten Bungo) Hariyadi, Riski; Syu'aib, Kholil; RH, Mustiah
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1273

Abstract

This study aims to find out specifically the phenomenon of customary fines for children circumcising in Rambah Village, Tanah Tumbuh District, Bungo Regency and review the perspective of Islamic law on this phenomenon. This research is library research and field research, data collection method using interview, observation, and documentation. Data analysis went through three stages, namely data reduction, data presentation, conclusion drawing and verification. This study found that the customary fine practice of circumcising children in Rambah Village occurred because in the process of children circumcising it was considered to have violated twenty laws. Therefore, children circumcision in Rambah Village is subject to sanctions in the form of paying customary fines, the fines are in accordance with applicable customs. In Islam, circumcision is a matter of fitrah, whether male circumcision or female circumcision, there is no argument regarding fines when children circumcising. However, holding walimah circumcision in any form, it is permissible.
Kelembagaan dan Operasionalisasi BUMDes Berbasis Syari’ah Perspektif Hukum Ekonomi Syari’ah Hesim, Mohammad; Fathoni, M. Kamal; Alhusni, Alhusni; Sibawaihi, Muhammad
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1287

Abstract

The purpose of this research is to find out about the institutional and operational system of BUMDes based on sharia. This research is also called normative-empirical research, because the focus of this research study is in the form of the concept of economic fiqh law/sharia economic law regarding BUMDes, rules and norms that are backgrounded by observations of phenomenology and field facts that occur. Phenomenology is an approach that seeks to enter into the world of meaning conceptualized in individuals or groups which is then manifested in the form of phenomena. The results of the study show that: 1) in carrying out the sharia-based BUMDes institutions, the thing that is considered by the village government and the community is maslahah al-mursalah which pays more attention to human welfare, especially the village community where the BUMDes is established in order to improve the quality of life of the community. 2) Operationalization of sharia-based BUMDes which is carried out on this sharia-based BUMDes is by using shirkah, ba'i, and mudharabah contracts. This is applied to every existing unit, and is very good to be a model for businesses that want to follow the sharia system in their operations.
Analisis Pertimbangan Hakim Pengadilan Agama Kelas 1 A Kota Jambi dalam Putusan No. 642/Pdt.G/2020/PA.Jmb tentang Perceraian Sebab Hypersex Madeli, Muhammad Hilal; Yanti, Illy; Sulaeman, Sulaeman
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1288

Abstract

In a marriage, things often happen that make the relationship tenuous and even lead to divorce. Divorce has various reasons, one of which is divorce due to hypersex/having sex out of the ordinary. Divorce case in Decision Number 642/Pdt.G/2020/PA.Jmb., in which the plaintiff reported the defendant because of disputes and quarrels between the two because one of the reasons the defendant has hypersex. Because of this report, the judge granted the plaintiff's request for divorce from the defendant, based on the law and the results of the judge's ijtihad. This study aims to reveal the judge's considerations in granting the plaintiff's lawsuit and explore the sources of law that are used as the basis by the judge in deciding the case. This research is a library research that focuses on the judge's decision and examines related books and adds interviews with the judge who decides the case. This study found that the basis for judges in making decisions is to use two legal instruments, namely statutory regulations and books of fiqh. Article 116 letter (e) Compilation of Islamic Law) which emphasizes that between husband and wife there are continuous disputes and fights and there is no hope of living in harmony in the household again. Then referring to the explanation of article 39 of Law no. 1 of 1974, one of the parties has a disability or illness which causes them to be unable to carry out their obligations as husband/wife, as well as the book Manhaj al-Thullab, page 346.
Perambahan Hutan Taman Nasional Kerinci Seblat (TNKS) dan Upaya Penanggulangannya dalam Perspektif Hukum Islam dan Hukum Positif Adawiyah, Robi'atul; Putra, Devrian Ali; Hadi, Syamsu; Alfian, Elvi; Sukmawati, Nilam; Subhan, Subhan
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 2 (2022): December 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i2.1298

Abstract

The problem raised in this study was the law enforcement against actors encroaching on TNKS forests. This study was to know the role of law enforcement officials and the law enforcement process against actors of TNKS forest encroachment, obstacles experienced by law enforcement officers. The research method uses a juridical-empirical research approach with qualitative data analysis. Based on the results of the research, the following conclusions: First, the cause of encroachment of the TNKS forest in Jangkat sub-district is due to economic factors, educational and factors of the number of law enforcement officers. Second, the role of law enforcement officers and the community in law enforcement which includes roles in preventive and repressive. Third, efforts that must be made to prevent and eradicate forest encroachment in Jangkat District are: (1). Improve the legal substance; (2). Improve supporting facilities; (3). Increase patrols; (4). Give more understanding to the community about the importance of protecting the forest.
Jinayat dalam Kasus Penganiayaan Santri Gontor hingga Meninggal Dunia dalam Lingkup Pendidikan Salsabilla, Aisyah; Wijayanti, Hanung; Khasanah, Erlina Nur
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1303

Abstract

The human soul and blood are one of things that highly guarded in Islamic law. The recent rise in murder cases caused by the lack of strict laws and the lack of society knowledge about how its important for us to take care of our lives. So, by attracting case that highlighted by the public, this research will attract readers to find out more. This research will give more contribution because the case being discussed will encourage readers to learn more about jinayat. This is what the author does because regarding the Jinayat that raised by the author, is a type of jinayat in the form of persecution in the educational scope which ends in mortlity. Then, this jinayat is inseparable from its punishment, namely “qishash,” which has also been agreed by scholars in this case. Or by paying “diyat” and “kaffarat” because this kaffarat is the right of Allah SWT. This research uses library research with journals as primary data sources and also books, newsletters, and other supporting journals as secondary data sources. The results of this study are the need for strict laws in jinayat cases, especially in cases of persecution, especially in the educational sphere. Where is the scope of education that should provide security and comfort for students when studying, bullying or seniority cases seem to be a natural thing. If this is allowed, apart from damaging the image of an educational institution, it will also make this something permissible. If it is considered as a natural thing, many rights will be taken away.
Elaborasi Hukum Membayar Zakat Fitrah Menggunakan Dompet Digital dalam Perspektif Islam Fakhrian, Afif Surya; Prasteyo, Ari; Cahyaningrum, Pinki
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 2 (2022): December 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i2.1304

Abstract

Islam teaches that in property in which there are rights of others. Therefore, Islam requires the existence of zakat, qurban, waqf, almsgiving, infaq, aqiqah, zakat, respecting guests and neighbors, as well as issuing hartanta to realize public welfare and various other worship in social terms. Zakat can be termed as the right of Allah that exists in man that must be conveyed to others who are entitled, in which all Muslims who have achieved nisab and haul are obliged to carry out zakat. Along with the times, muamalah activities in this life can be carried out digitally. Especially in terms of worship such as zakat fitrah. There are several digital platforms that provide various services, one of which is online or digital zakat payment services. This raises questions among the public, regarding the definition, legal basis, mandatory requirements and legal requirements, and wisdom of zakat fitrah? How is the application of zakat fitrah with digital money or online? And how is the law of zakat fitrah with digital money? In the Islamic view, zakat which is done online is allowed, but this still does not leave the terms or conditions in zakat. Muzakki from the outset of the berzakat had expressed the intention to make a difference. The zakat funds will still reach the hands of amil zakat to be handed over to people who are entitled to receive them. Zakat Fitrah would be better done directly with staple food, but if in urgent circumstances it can be carried out online or using digital money.
Penggunaan Wasiat Wajibah bagi Ahli Waris Beda Agama Perspektif Hukum Islam Marfuah, Fitriyaningsih; Afifah, Nurul; Salamah, Ziadatus
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1305

Abstract

The purpose of this research is to find out about the law on the distribution of inheritance to heirs of different religions in Islam. This study uses library research methods with a case study approach. The focus of this research is in the form of research in the form of the legal concept of fiqh mawaris regarding the division of inheritance. The results of this study indicate that: the law on the distribution of inheritance to heirs of different religions through the intermediary of the obligatory testament is valid based on the decision of the Supreme Court Number 368K/AG/1995 which has been developed from Islamic Compilation Law.
Marriage of Transgender Men and Women from the Perspective of Fiqh Munakahat Hidayati, Alfi Nur; Irviana, Dita Natasha; Nafi’ah, Isnaini Wardatun
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 2 (2023): December 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i2.1307

Abstract

Marriage in Islam is an agreement that binds two people, namely a man and a woman, both parties have fulfilled the prerequisites according to applicable regulations based on willingness and preference to live together in a family, to receive peace and happiness both physically and spiritually. Islam has regulated legal and lawful biological relationships through marriage, but deviations can still occur, whether in the form of adultery, homosexuals, lesbians, bisexuals, and transgenders. In the midst of an increasingly diverse society, the question will inevitably arise about transgender marriage laws in Islam. This the paper uses a qualitative descriptive approach with the library research method. With this research, it aims to find out the marriage law of transgender surgery actors from the perspective of Islamic law. The results of the study show that someone who performs transgender surgery is included in actions that are prohibited or unlawful according to Islam. Meanwhile, when a person performs transgender surgery because they have abnormalities in their genitals, it is permissible to carry out the operation. So when a transgender operation actor wants to carry out a marriage, he uses his status before becoming transgender. For example, his initial status is male, he must marry a woman if he wants his marriage to be valid in the eyes of law and religion.
The Law on Burying Two Bodies in One Grave According to the Perspective of Islam and the Ulama Ika Putri, Khusnul Khotimah; Dzakiyah, Dzakiyah Nur Azizah; Amalia, Ika
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 1 (2024): Juni 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i1.1309

Abstract

Fardhu kifayah is the law for the people to take care of the corpse, so that if the corpse is abandoned, the Muslims around the corpse will bear the sin. The management of the corpse has rules and rights that must be fulfilled to fulfill the rights of the corpse such as: washing, shrouding, praying, and burying. The management of the corpse must be in accordance with Islamic law which is contained in the Al-Qur'an and the provisions of the Prophet. This study aims to examine the burial provisions according to Islamic law by taking into account the issue of how the law of two bodies being made into one grave according to the perspective of Islam and the scholars. Through a qualitative descriptive method with library research techniques that use books as primary and secondary sources. The results of the analysis of this study are that the law of burying two bodies in one grave is not permissible except for urgent reasons. This is in accordance with the provisions of Islamic law and the opinion of the scholars. Therefore, if there is no urgent matter such as a natural disaster, the body should be buried according to Islamic law.

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