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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 12 Documents
Al-Hawalah as a Concept in Sharia Banking Sugih Nugraha; Hudallah
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i1.1

Abstract

Al Hawalah, as a concept in sharia banking, has a rich historical background in the development of Islamic economics. A debt transfer method regulated by sharia law, Al Hawalah has been an integral part of the Islamic financial system since the beginning of Islamic civilization. This concept is rooted in the practice of Rasulullah SAW and his friends in handling financial transactions. Al Hawalah emphasizes the values of mutual trust, justice and compliance with sharia provisions in maintaining the integrity of Islamic financial transactions. By continuing to develop, Al Hawalah has become a relevant instrument in supporting the principles of modern sharia banking.
Archipelago Islamic Art and Culture Perspective of Myths and Legends Ahmad Syaikhu; Hudallah Hudallah
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i1.2

Abstract

Talking about myths and legends can hardly be separated from beliefs held since pre-historic times. Therefore, in the life of Indonesian people in the past, living in harmony with the universe was a priority in itself, where humans were able to place themselves in the whole in harmony, as seen in the story of Murwakala or the myth of origins. In this myth, there are various virtues that were used as guidelines for life by the people of the archipelago in the past so that they could live in harmony with nature, from waking up until the sun sets over the western horizon. There are various beliefs that exist in Indonesian society (especially Java). In fact, before Hindu-Buddhist religion touched the island of Java, the people who inhabited this island had long been familiar with various kinds of beliefs.  Where the beliefs of the Indonesian people are closely tied to the myths and legends that develop and color those beliefs. One of the beliefs of the ancestors of the people of the archipelago, especially Java, is the belief in animism and dynamism. These two beliefs were already entrenched in Java. This is as stated by Zoetmulder, who said that Javanese people have known religion since prehistoric times. On the occasion of this paper assignment, the author tries to discuss Indonesian Islamic art and culture from the perspective of myths and legends, where in the lecture delivered by Dr. Zastro Al-Ngatawi more or less explains that actually in the archipelago in pre-historic times, the archipelago had long been inhabited by ancient humans who were inclined and able to seek the Almighty Essence, but with limitations and the absence of revealed religious guidance, humans manifested a sense of servitude and respect for very simple things such as the belief in animism and dynamism or what is called the kapitayan religion, where with this belief forms of art and culture were born that were created by preliterate humans, this is proven by the discovery of paintings on cave walls and corals which are thought to come from a period of advanced hunting and food gathering. These preliterate paintings are spread across a number of regions, such as South Sulawesi, Maluku and Papua. For example, on the wall of the Leang Patae Cave in South Sulawesi, a painting of a handprint with a red base was found, which is thought to be a symbol of protection from evil spirits. The paintings of ancient people on the walls of the caves and rocks that were found contain religious and aesthetic values. The existence of these paintings is initial evidence that preliterate society also had a passion for art. These paintings are a means of inheriting the past containing the experiences of prehistoric society such as hunting and social life. Because they did not know writing, these paintings are a historical tradition that has been passed down to future generations. During the farming and farming period, the artistic desires of the pre-literate people increased because during this period there was a lot of free time that could be used to channel their artistic creations. When planting time is over, they usually have quite a long time to wait for the harvest to arrive. While waiting for the harvest, the Praliterate community channeled their artistic desires. For example, painting, decorating metal items, sculpting, batik, weaving and making statues. The description of the belief system of the people of the prehistoric archipelago, apart from being known from the paintings on cave walls and coral reefs, can also be known from the procedures for burial ceremonies for their corpses. From the burial procedures, it can be seen that some of the bodies were sprinkled with red paint. It is suspected that the red paint is related to a burial ceremony to provide new life in the afterlife. Evidence of this burial procedure has been found in Lawa cave (Sampung area, Ponorogo), and in Sodong cave and on Shell Hill in North Sumatra. Evidence of burials during the hunting period proves that at that time there were certain assumptions about death. Ancient humans thought that people who had died would move to the afterlife, but could still have contact with people who were still alive. The existence of this belief encourages efforts to continue to respect the person who has died in the form of respect for his soul or spirit. From the description above, the author observes that the strong animist and dynamism beliefs held by the people of the archipelago at that time were due to the power of religious spirituality they possessed. However, the absence of revealed religious guidance has resulted in their powers of reason only being limited to their abilities, so that a simple artistic desire was born through paintings on cave walls and corals, religious ceremonies for the worship and respect of ancestral spirits with the values contained in them. inside. So, art and culture in the archipelago were born from the most basic source, namely strong spirituality and religion supported by the creativity of the people of the archipelago, which then formed myths and legends that developed and in their development were greatly influenced by Hinduism, Buddhism and Islam. Thus, art and culture were born that were unique and different from others.
Oral Sex in the Perspective of Islamic Law Muhammad Khusna Syah; Hudallah
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i1.3

Abstract

The issue of oral sex has caused many scholars in various Muslim countries to be interested in analyzing and issuing fatwas. The majority of these ulama's fatwas are ethical in nature. This means that the issue of oral sex is still resolved at the level of assumptions only and has not touched on substantial reasons. This is understandable because the issue of oral sex is a taboo subject to discuss. Apart from that, this issue also invites conflict of opinion among scholars because there is no definite religious text explaining this matter. Therefore there is disagreement. Oral sexual activity carried out by husband and wife couples is a social phenomenon that can be said to be new among Indonesian society, even in Islamic discourse. This has given rise to debate among Muslim scholars about the permissibility of carrying out this activity. However, most scholars allow oral sexual activities, including Shahid Athar, a scholar and expert in Islamic sexology. However, there are quite a few who forbid this activity. One of them is Sheikh an-Najmi, a mufti of southern Saudi Arabia.
Hamzah Fansuri; The Journey of Knowledge and Religious Spiritual Works Hudallah; Rifqi
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i1.4

Abstract

Exploring the history of Islamic archipelago cannot be denied the influences of the ulama at that time, as well as geographical location. For the most part, even historians agree that Islam entered the archipelago via mainland Sumatra. Sumatra, as the initial foothold of Islam in the archipelago, made it a city of Islamic civilization, as evidenced by the development of Islam and the establishment of Islamic kingdoms such as the kingdom of Aceh Darussalam. So does Sumatra have any influential figures? The answer is yes, one of the phenomenal figures/ulamas who is influential is Hamzah Fansuri. This cleric is well-known and respected, apart from being known for his wahdatul wujud, he is also skilled in poetry, and has mastered Islamic teachings. It is not without reason why Hamzah Fansuri really masters poetry. Because if you look at socio-cultural conditions, people at that time were still blind/didn't know about Islam. Apart from that, the development of Islam is still synonymous with the use of poetry as poetry has become an inherent culture among the Middle East. While the Sufi's teachings of Sufism are still hotly debated, his role and position as a spiritual and religious figure will also remain debated. Likewise his contribution to Malay language, culture and literature. As the title suggests, this paper will discuss his life history and works, especially those related to hadith.
Legal Basis of Sharia, Terms of Payment Period, and Permissible Goods in Borrowing and Lending Bagas Wicaksono Boujesta; Hudallah
Ushul Al-Hukm: Jurnal Syariah dan Hukum Islam Vol. 1 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ushulalhukm.v1i1.5

Abstract

Lending and borrowing transactions are an important part of the economic life of Muslims, which includes various aspects such as borrowing money, goods or services with certain conditions. However, in Islam, these transactions must comply with the principles established by the Shari'a so as not to violate religious law. In this context, it is important to understand the legal basis that forms the basis of lending and borrowing transactions according to Islamic teachings, including the payment terms that must be adhered to, the types of goods that are permitted to be borrowed or lent, as well as the rules that regulate each loan so that avoid the elements of usury. With a deep understanding of the legal basis and principles related to lending and borrowing transactions in Islam, it is hoped that Muslims can carry out their economic activities in a more obedient manner to religious teachings and avoid practices that are contrary to the Shari'a. Therefore, research and studies on this topic are very relevant and useful for all parties who want to understand more deeply about Islamic law in an economic context.
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)
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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.

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