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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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The Law of Prioritizes Alms Over Qurban Worship During The Covid-19 Pandemic Nadzira Luftiari; Aji Rystiawan; Siti Nurjanah; Fuhaida, Ulya
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.v15i1.1310

Abstract

The purpose of this research is to find out about the law regarding prioritizing alms rather than sacrificial worship during the Covid-19 pandemic. This study uses the systematic literature review method which is a way of identifying, evaluating, and interpreting the availability of research that is relevant to the formulation of the problem under study. This study also uses a scientific methodological approach to summarize research results by regularly searching articles whose research focus is in the form of legal concepts of fiqh. Data analysis was conducted descriptively-qualitatively, with the following steps: Data Reduction: Grouping data relevant to the research, such as fiqh principles, views of scholars, and implementation in the field. Data Display: Organizing data into a thematic framework, such as sharia arguments, fatwas of scholars, and implementation in society during the pandemic. The results obtained from this study indicate that during the pandemic it created economic problems, which then gave priority to Muslims who were able to sacrifice to give alms in the form of money because this was in accordance with the recommendations of the Muhammadiyah fatwa.
Contemporary Issues in Fasting: Divergent Ramadan Start Dates in Indonesia Savira, Annida Husna; Nafi'ah, Atikah Zahra; Ulva Tri Amalia; Rahmat, Al Fauzi
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.v15i1.1314

Abstract

The implementation of fasting is often characterized by differences in the initial start time. As happened in Indonesia during the fasting month of Ramadan in 2022. In Islam, there are several sects that give rise to differences. But it must be understood that these differences are not divisions, but diversity. This study will discuss the factors behind the differences in the initial fasting time. With this research, it is hoped that there will be no negative statements in society that corners one party. This research is a research that uses a descriptive qualitative approach. The technique used in this research is critical discourse analysis. The results of this study include understanding, propositions, pillars, conditions, types, wisdom, determining the start of fasting, and the reasons for the difference in the starting time of fasting in Indonesia. Fasting is refraining from something that can break the fast, accompanied by the intention from sunrise to sunset. There are arguments for fasting that come from the Al-Quran and hadith. There are mandatory requirements and valid conditions for fasting and pillars of fasting. The law of fasting can be obligatory, sunnah, makruh, or unlawful. The method used to determine the beginning of fasting is reckoning and rukyat.
Konflik dalam Keluarga Modern dan Akar Permasalahannya Fathia, Maudy; Aziz, M. Ibrahim; Surasa, Ais
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.v14i1.1339

Abstract

The family is a group of people who join together as one because of blood ties and kinship. The more members of his family the more opinions will be raised. Families are vessels for shelter, protection, spilling love and sharing all sorrows as well. In the digital age, many families are contaminated by constant change and circumstances. That’s when each opinion of the family members will clash, even tear each other down. It cannot be avoided by anyone because anyone is obliged to resolve it. This research is library research, which is a study that uses literature by studying books, books, and other sources of information that have relevance to the scope of the discussion. The results show that conflicts in modern families occur due to several things, namely childcare patterns, family economy, and unequal domestic burdens. The lack of communication space between family members is also a cause of conflict in the family.
Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb) Batubara, Febrian; Harun, Hermanto; Nazori, Ahmad; J, Samsul Hadi; Wardani, Retno Kusuma; Yusuf, M.
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.v14i1.1348

Abstract

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”
Kelebihan Pembayaran di SPBU dalam Kajian Filsafat Hukum Islam Yusnita, Helmi; Busyro, Busyro
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.v14i1.1376

Abstract

­Fuel oil (BBM) for vehicles can be obtained at the Public Fuel Filling Station (SPBU) closest to the sale and purchase transaction, filling is done according to the buyer's wishes. Payments are made according to the nominal value shown on the gas station monitor screen, but it often happens that payments are made in excess of what is shown on the gas station monitor. This research aims to explain the philosophical study of Islamic law regarding excess payments at gas stations, which exceed the bills that are monitored at gas stations. This research uses library research with the main data coming from journals, books, and the internet. Data collection was carried out by reading and grouping according to the themes discussed, then analyzed using descriptive, inductive theory and presenting it in writing. The research results show that philosophically in Islamic law, excess payments at gas stations are at the hajiyah level. Because it is done to make transactions easier and less difficult at the gas station.
Inclusive Worship: Islamic Jurisprudence on Prayer Obligations for Persons with Disabilities Setyaningrum, Ika; Defira Salma Salamah; Elsa Lysandra; Tarishah Aulia; Muhamad Parhan; Ibrahim, Adil Hasan; Mubarak, Haris
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.v15i1.1400

Abstract

This study was conducted to increase the insight of Muslims that people with disabilities have the same obligations in worship and to raise awareness of Muslims about the importance of involving all religious activities with people with disabilities without any differences. This study uses a qualitative descriptive methodology with a literature-based approach. Data collection techniques include a review of Islamic jurisprudence texts, scientific articles, and related literature that discuss the inclusion of people with disabilities in worship practices. The analysis technique used is content analysis, with a focus on the interpretation and contextualization of Islamic jurisprudence principles to address the needs and challenges faced by people with disabilities.The results of this study indicate that Islamic teachings emphasize justice and inclusivity, which require all Muslims, regardless of their physical or mental abilities, to worship. This includes the collective responsibility of the Muslim community to ensure accessibility and support for people with disabilities in carrying out their religious obligations.
Maintaining Family Harmony in Islamic Law According to Madhhab of Imam Shafi’i Mujtaba, Wardah; Saiban, Kasuwi; Rostami , Soheila
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.v14i2.1406

Abstract

­This research explores and discusses the importance of maintaining family harmony in Islamic family law according to the Madhhab of Imam Syafi'i. This article, explained that maintaining family harmony is started from the attachment between husband and wife in the marriage context. Both parties must respect, appreciate, and support each other and understanding self rights and obligations. Furthermore, this article also explained the importance of good communication between family members. Each family member have to own the ability of listening and sparing time to talk to each other, then problems arises can be resolved properly. In addition, good parenting from parents to their children is also very important in maintaining family harmony. This article also emphasized the importance of avoiding actions of damaging family harmony such as infidelity, harsh words, and household violence. This could endanger family harmony and potentially caused a rift in husband and wife relationship also between parents and children. This article also emphasized the importance of maintaining the unity and entity in family, thus each family member could feel the ownership of being part of a family that supports and holds each other in life. In conclusion, this article affirmed that harmony in the family is very important in Islamic family law according to the Madhhab of Imam Shafi'i. In maintaining family harmony, each family member need to support each other and maintain the integrity of the family as a whole unit. Therefore, promoting family harmony should always be a major concern for every Muslim family.
The Intervention of Islamic Law on Minangkabau Tradition Regarding Children Adoption Yusnita, Helmi; Yenti, Endri; Salam, Safrin; Ibrahim, Kayode Muhammed
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.v14i2.1409

Abstract

The process of child adoption is not done widely based on The Traditional Law of Minangkabau because most of the adopted children are still their relative. The legal status of adopted child in the foster family can be obtained through the court where the status is the same with biological child or foster child, while the legal status of adopted child in the adopted relative can be gained through the tribe recognition or determination of Minangkabau Tradition namely as “kamanakan di bawah lutuik” (the closest nephew/niece). The purpose of this paper was to find out how was Islamic law intervention towards the law of Minangkabau tradition especially in child adoption. This research employed Field Research with the main data came from primary data obtained from informants in the field and the secondary data obtained from the materials related to the research. The data collection was carried out through interview, reading, and grouping in accordance with the theme being discussed, then were analyzed by using descriptive theory, inductive theory, and presented them in the form of paper. The results of this research state that in Islam and Minangkabau tradition basically forbid someone to adopt other people’s child by cutting the family ties with the child’s parents, then move it to the foster parents because it can cause chaos in the inheritance system either according to the traditional law or according to Islamic Law.
The Position of Children Resulting from Adultery (Islamic Law and Statute Perspective) As'ad, Ali; Wardani, Maulida; Najmah, Nana Ulfatun; Harmain, Irfan; Farhan, Adhe Fadli
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.v15i1.1417

Abstract

In this modern era, many people do not know about the law of children from outside marriage, they only follow the western world where the association there is free between the opposite sex, then cause attraction between the opposite sex and then have a relationship without a clear status without thinking about the consequences of their actions, both for themselves and for others. In this study, it is hoped that people understand the position of a child, whether from a legal or illegal marriage, in order to better protect themselves and others, this study was conducted by examining library materials and using the type of research approach used is library research (library research). If a child is the result of a woman's adultery, the child does not have a relationship with the father's family, either the biological father, and the biological father cannot provide inheritance and become the child's guardian. The child only has a blood relationship with his mother's family. But the father is still obliged to provide for his child.
Pelaksanaan Kursus Calon Pengantin Sebelum Pernikahan Dalam Mengatasi Problematika Rumah Tangga (Studi di KUA Kecamatan Jambi Luar Kota) Afrianti, Lisa; Yusuf, Umar; Marlina, Siti
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.v13i2.1430

Abstract

The background of this paper is the many problems that occur in the household which cannot be resolved properly leading to divorce. The pre-marital course program created by the Director General of Islamic Community Guidance (Dirjen Bimas Islam) aims to create a sakinah family by providing knowledge, understanding and skills in married life. This thesis uses a qualitative approach with data collection methods through observation, interviews and documentation. Based on the research conducted, the following results and conclusions were obtained: first, the implementation of the course for prospective brides at KUA, Jambi Outer City District, was carried out following the regulations made by the Director General of Islamic Community Guidance, but the implementation was not optimal. The two supporting factors in the implementation of this pre-marital course are the strategic location of the KUA, the existence of a place to carry out pre-marital courses, the presence of speakers and the presence of participants who take part in the implementation of suscatin, and the inhibiting factor in the implementation of this pre-marital course is the large number of people who do not know about the importance following this activity and the large number of people who are indifferent to the rules made by the Director General of Islamic Community Guidance regarding the obligation to take part in the implementation of this pre-marital course, so that many people are lazy and often arrive late when the course for future brides is carried out. The third impact of implementing the bride and groom course is that the participants from the implementation of the bride and groom course gain knowledge and experience that they have never previously known and the knowledge they gain during the training they practice in their household life, so that the household life they get it now to be a sakinah, mawaddah and rahmah family.

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