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Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam
ISSN : -     EISSN : 30908620     DOI : https://doi.org/10.61166/ushulalhukm.v1i1.5
Core Subject : Religion, Social,
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam is peer reviewed journal published by Hellow Pustaka Publisher in Collaboration with Pascasarjana Institut Agama Islam Tasikmalaya. The journal is aimed to publish research contributing to the development of theory, practice, and policy making in Sharia and Islamic Law. It therefore intends to create an interface between academic research and its practical application. The journal welcomes theoretical, technical, and applied articles that draw on all areas of Sharia and Islamic Law. Ushul Al-Hukm comes from Arabic, meaning something that one relies on, a foundation, or something that serves as a basis. The word Hukm means to prevent or to decide. The term Ushul al-Hukm means the Foundations of Islamic Law. The term Ushul al-Hukm is so well known when referring to the book by Sheikh Ali Abdurraziq titled Al-Islam wa Ushul al-Hukm, a monumental work on the study of Governance Law in Islam.
Articles 7 Documents
Search results for , issue "Vol. 1 No. 2 (2025)" : 7 Documents clear
An Analysis of the Concept of Dalālah Al-Mafhūm Al-Muwāfaqah in Usul Fiqh and Its Implications for the Establishment of Islamic Law Nur Aidah Fauziah; Fatmawati Fatmawati; Zaenal Abidin
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i2.24

Abstract

Dalalah al-mahfûm al-muwâfaqah is one of the methods of understanding texts in ushul fiqh which plays an important role in exploring the legal meaning of the syar'i text. This study aims to analyze the concept of mahfûm al-muwâfaqah, its basis in the syar'i text, and how it is implied in determining Islamic law. The methodology used is qualitative-descriptive with a normative analysis approach. The results of the study show that mahfûm al-muwâfaqah has strong legitimacy in the Qur'an and Sunnah, and is an important instrument in building legal analogies and ijtihad. The implications are very broad, especially in responding to modern legal problems that are not explicitly mentioned in the text.
The Role of Mediators in Minimizing Divorce Rates at the Jepara Religious Court (PERMA Juridical Review Number 1 of 2016) Sigit Noor Rohman; Fatkiyatus Su’adah; Tiara Yuliarsih
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i2.25

Abstract

The Religious Court of Jepara has carried out mediation in accordance with Supreme Court Regulation (PERMA) No. 1 of 2016, which is designed as an alternative dispute resolution mechanism before a case proceeds to judgment. Nevertheless, the practice of mediation in 2022–2023 has not achieved the expected outcomes, as the success rate remains relatively low and cannot yet be regarded as effective. This study aims to examine two key issues: the factors that contribute to both the success and failure of mediation, including the obstacles encountered during the process, and the efforts of mediators to minimize the divorce rate in the Jepara Religious Court. The research applies a field research approach by collecting data from legal literature, such as books and journals, combined with interviews, while the analysis employs an inductive method, moving from empirical findings to theoretical explanations, to avoid data manipulation. The results show that mediation has been implemented in line with PERMA No. 1 of 2016, but the effectiveness is limited because many disputing parties lack genuine intentions to reconcile. Emotional factors and unwillingness to repair the relationship are the main barriers. Mediators attempt to reduce divorce by demonstrating seriousness, empathy, and persuasive communication strategies, encouraging parties to reconsider their decision to separate.
Efforts of Career Women in the Indonesian Army's Kowad and Civil Servants in Maintaining Household Harmony (Study at KUDAM VI/Mulawarman, Balikpapan City) Elma Ardelia Ailsa; Lilik Andaryuni; Akhmad Sofyan
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i2.26

Abstract

This study examines the efforts of career women in the Indonesian Army (Kowad) and civil servants (PNS TNI AD) to maintain family harmony at Kudam VI/Mulawarman, Balikpapan. The main issue lies in the dual roles of women as wives, mothers, and professionals, which may create family conflicts. Based on family harmony theories, factors such as communication, cooperation, and emotional support from spouses are crucial for maintaining balance. This research employed a qualitative method with an empirical legal approach, using interviews and observations of career women and their families. The findings reveal that career women strive to maintain family harmony through time management, open communication, quality family time, and involving husbands in domestic tasks. Nevertheless, challenges include limited time, dual-role pressures, and psychological burdens. The study concludes that spousal support and effective communication are the main keys to achieving harmonious families, despite the dual responsibilities faced by women in both professional and domestic spheres.
Implementation of Sharia Economic Principles in SMEs: Prescription of Challenges and Opportunities in the Era of the Global Halal Industry Saiful Arif; Tatha Amelia Fretika; Devi Triana; Lailatul Fitria; Muhammad Ersya Faraby
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i2.27

Abstract

This study aims to provide a prescriptive framework for implementing Islamic economic principles among Small, and Medium Enterprises (SMEs) in addressing challenges and opportunities within the era of global halal industry. Using a qualitative descriptive approach based on literature review, this research examines the relevance of core Islamic economic values such as justice (‘adl), trustworthiness (amanah), public interest (maslahah), and transparency in strengthening the global competitiveness of MSMEs. The findings reveal that the application of Islamic economic principles has significant potential to enhance business sustainability and increase consumer trust in halal products. However, empirical evidence indicates that implementation remains constrained by limited Islamic financial literacy, weak halal value chain integration, and restricted access to sharia-based financing. Therefore, this study recommends strategic collaboration among governments, Islamic financial institutions, and halal business incubators to build an SME ecosystem that upholds Islamic values while remaining adaptive to global economic developments.
Islamic Economics as an Alternative Solution Amidst the Global Trade War Awam Haikal; Kustin Hartini
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i2.28

Abstract

This study aims to analyze Islamic economics as an alternative solution to address the instability arising from the global trade war. The research method uses a qualitative approach based on literature studies of secondary sources in the form of academic articles, international Islamic financial reports, and Islamic economic regulations. The results show that the principles of Islamic economics, especially the prohibition of usury (riba), gharar (gharar), and maysir (gambling), as well as the implementation of real asset-based transactions, can increase economic stability by reducing market speculation and strengthening the productive sector. Furthermore, the zakat mechanism and wealth distribution in Islamic economics have been shown to be effective in minimizing economic disparities and improving social welfare. These findings indicate that Islamic economics has the potential to be implemented as a more equitable, transparent, and sustainable global economic framework in conditions of uncertainty caused by the trade war.
Digital Human Rights from the Perspective of Maqāṣid al-Sharī‘ah: The Urgency of Protecting Data and Human Dignity in the Age of Artificial Intelligence Anjas Saputra; Ahmad Faidillah; Muh Ghazi Al Ghifari; Kurniati Kurniati
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i2.31

Abstract

This research is motivated by the rapid development of Artificial Intelligence (AI), which poses new challenges to human rights, particularly regarding personal data protection and human dignity in the digital space. The objective of this study is to analyze the urgency of protecting digital human rights (DHR) in the AI era by employing the framework of Maqāṣid al-Sharī‘ah (the objectives of Islamic law). The method employed is normative-legal research with a conceptual and philosophical approach, examining the relevance of the principles of hifẓ al-nafs (preservation of self/life) and hifẓ al-nasl (preservation of offspring/future generations) in the digital context. The findings indicate that DHR, including the rights to privacy and data security, are an integral part of protecting the five fundamental Maqāṣid, particularly in ensuring individual integrity and autonomy from the threat of algorithmic manipulation and discrimination. The implication of this study is the need for the formulation of ethical AI governance policies and regulations, aligned with the values of Maqāṣid al-Sharī‘ah, to ensure that AI technology develops responsibly and upholds human dignity.
Development of Islamic Value-Based Economics from a Sharia Economic Perspective Intan Permata Sari; Mohammad Fattah
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i2.33

Abstract

Modern economics, developed within a positivistic paradigm, often neglects ethical, spiritual, and social dimensions, giving rise to various problems such as inequality and consumer behavior. In the context of Indonesia, where the majority of the population is Muslim, the development of economics based on Islamic values ​​is a crucial academic and pedagogical need, particularly in Islamic Religious Education (PAI). This study aims to examine the development of economics based on Islamic values ​​from a sharia economic perspective and its implications for PAI. The study employed a qualitative approach with library research, with data sources consisting of Islamic economics literature, maqasid al-syariah, and national journal articles related to sharia economics and Islamic education. Data were analyzed descriptively and analytically through content analysis to identify Islamic values ​​and their relevance to the development of Islamic Religious Education and learning. The study results indicate that Islamic economics is a value-laden discipline with maqasid al-syariah as a normative and analytical framework. The integration of Islamic economics into PAI has strategic implications for strengthening sharia economic literacy, internalizing values, and shaping students' economic character. This study emphasizes the importance of an integrative model between Islamic economics and Islamic Religious Education in responding to contemporary socio-economic challenges.

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