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HUSNA NASHIHIN
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Jurnal Syariah, Hukum, dan Ekonomi Islam
Published by Yayasan Azhar Amanaa Yogyakarta
ISSN : -     EISSN : 29629209     DOI : https://doi.org/10.59944/J-shei
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Articles to be received and published in the J-Shei are included in the scope of all aspects of Islam and the Islamic world in the fields of: Islam and Philosophy. Islam and History. Islam and Religion. Islam and Political Science. Islam and International Relations. Islam and Psychology. Islam and Sociology. Islam and Anthropology. Islam and Economics. Islam and Law Islam and Culture Islam and Health Islam and Technology. Islam and Education. Islam and Social Science.
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Articles 35 Documents
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The Tradition of Redeeming Twin Children of Newlyweds Rahmadi Agus Setiawan; Nur’aini; Hidayatun Ulfa; Ouedraogo Saidou
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 2 December 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i2.606

Abstract

This study examines the Tebus Anak Kembar Pengantin tradition practiced in Kertosari Village, Jumo District, Temanggung Regency, from the perspectives of Islamic law and local custom (‘urf). Employing a qualitative approach with a socio-legal method, the research is based on field data collected through interviews, observation, and documentation involving community leaders, religious figures, and local residents. The findings reveal that the tradition is a form of living local wisdom rooted in Javanese culture, carried out through symbolic rituals such as family deliberation, collective prayers, the symbolic transfer of redemption money, and child caregiving by an adoptive family. Sociologically, the practice aims to strengthen kinship ties, maintain social harmony, and promote collective responsibility in child upbringing. From an Islamic legal perspective, the tradition is acceptable insofar as it is understood as kafālah (child guardianship) rather than a transaction involving the sale of a child, as it does not alter lineage (nasab) and emphasizes intentions oriented toward public benefit (maṣlaḥah). Within the framework of ‘urf, the tradition may be classified as ‘urf ṣaḥīḥ, provided that it does not contradict sharīʿah principles. However, the study also identifies challenges related to Indonesian positive law, particularly the absence of formal adoption procedures, which may result in legal uncertainty regarding the child’s status. Therefore, the study underscores the need for legal awareness and guidance to harmonize the preservation of local tradition with the principles of Islamic law and child protection
The Role of Wives as Family Breadwinners: An Islamic Legal and Sociological Perspective Muh. Baehaqi; Nur Aziz; Nashih Muhammad
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.608

Abstract

This study examines the phenomenon of wives assuming the role of family breadwinners in Muncar Village, Gemawang District, Temanggung Regency, from the perspectives of Islamic law and sociology. The research is motivated by empirical realities in which wives undertake economic responsibilities due to husbands’ inability to provide financial support as a result of prolonged illness, unemployment, advanced age, or unstable employment. Employing an empirical legal research design with a qualitative approach, data were collected through field observations and in-depth interviews with wives who function as primary income earners.The findings reveal that wives engage in diverse occupations, including agricultural labor, factory work, civil service, and domestic employment, to sustain household economies. From an Islamic legal perspective, the study finds that wives’ participation in income-generating activities is permissible, provided that it does not negate their primary responsibilities in managing household affairs and nurturing children. Such practices are consistent with the principles of mutual cooperation (ta‘āwun), responsibility, and compassion as emphasized in the Qur’an, the Sunnah, and the Compilation of Islamic Law. From a sociological perspective, the shift in wives’ roles reflects broader processes of social change driven by economic pressures, rising living costs, and the need to secure children’s education and family welfare.This study concludes that the role of wives as breadwinners in Muncar Village represents an adaptive social strategy that reconciles religious norms with contemporary socio-economic realities. While the obligation of financial provision remains primarily with the husband under Islamic law, wives’ economic participation emerges as a pragmatic and socially inevitable response to structural constraints, reinforcing family resilience without undermining Islamic legal principles.
Analysis of Abu Hanifah’s Opinion on the Sale of Sacrificial Animal Skins Muhamad Jamal; Andi Susanto; Mohammed Hafiz Ali Wafa
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.609

Abstract

This study aims to examine the views of Islamic jurists regarding the ruling on selling the hide of sacrificial animals and to analyze Abu Hanifah’s opinion in relation to the practice of selling sacrificial animal hides in Lowungu Village, Bejen District, Temanggung Regency. This research employs a qualitative descriptive method, and data were collected through direct interviews with informants involved in the implementation of the sacrificial slaughter. The findings reveal two principal views in Islamic jurisprudence concerning the sale of sacrificial animal hides. Some scholars such as Abu Hanifah, Atho', al-Awza‘i, Ahmad, Ishaq, Abu Thaur, and one opinion within the Shafi‘i school permit the sale of the hide of sacrificial animals, provided that the proceeds are distributed to the beneficiaries (mustahik) of the sacrifice. The Hanafi school also allows the hide and internal parts of the sacrificial animal to be exchanged for items that bring greater benefit to the recipients. In contrast, scholars from the Maliki, Hanbali, and Shafi‘i schools, including Imam Nawawi, hold that selling the hide of sacrificial animals is not permissible. Meanwhile, the sacrificial committee in Lowungu Village sells the hides due to practical considerations, such as the absence of community members capable of processing them, which may lead to neglect, damage, or waste. The proceeds from the sale are used to support the operational needs of the sacrificial activities, including purchasing plastic bags, committee consumption, and allocating a portion for the mosque’s funds.
A Critique of the Tradition of Qurbani Meat Distribution in Temanggung from the Perspective of Shāfiʿī Fiqh Muh. Syakur; Marsudin; Muhammed Zaki Tamami; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.610

Abstract

The tradition of distributing sacrificial meat in Sidoharjo Village, Candiroto District, Temanggung Regency, begins with the sacrificial shohibul coming to the slaughterer to slaughter the sacrificial animal on Eid al-Adha. The head of the sacrificial animal must be given to the slaughterer as wages (ujrah) for his slaughtering services. This tradition has been carried out since ancient times, under the pretext of not burdening the sacrificial shohibul in paying wages to the slaughterer. This study aims to find out more about the implementation of the tradition of distributing sacrificial animal meat in Sidoharjo Village, Candiroto District, Temanggung Regency. And to find out the review of Syafi'i jurisprudence on this matter. This research is field research, using descriptive qualitative methods, by collecting, analyzing and interpreting data. Data collection techniques were carried out using primary data obtained from interviews with research subjects. Secondary data sources were obtained from books, journals, theses and articles. Data collection and analysis is carried out to obtain the existing reality. The results of the research found that the Syafi'i School of Islamic Scholars agree that it is haram to give wages to the slaughterer from the body parts of the sacrificial animal. Such as meat, skin, head or something else. The sacrificial service basically aims to offer devotion to Allah SWT, so the sacrificial meat should be given in charity to those who are entitled to it and to obtain blessings, it is sunnah for the sacrificial shohibul to eat the sacrificial meat in moderation.
Review Of Islamic Law In The Shafi‘i School And The Hanafi School On The Marriage Contract Of Persons With Speech Impairment Rokhmat2; Eko Wahyu Susilo; EkoSariayekti
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.611

Abstract

This article examines the practice of marriage contracts for individuals with speech disabilities (tunawicara) from the perspective of Islamic Law, particularly according to the Shafi‘i and Hanafi schools of thought, as well as Indonesian legislation as outlined in the Compilation of Islamic Law (KHI). The focus of this study arises from the issue of ijab (offer) and qabul (acceptance), which must be performed consecutively without a long pause, as any interruption or inability to speak may affect the validity of the marriage contract. This study aims to analyze the legal status of marriage contracts involving speech-impaired individuals according to both schools of Islamic jurisprudence and to explore the basis of maslahah (public interest) in establishing the law. This research employs a qualitative method using a library research approach. Data were collected from books, journals, and other relevant literature, and then analyzed descriptively to explain legal concepts and draw conclusions. The results show that both the Shafi‘i and Hanafi schools permit the marriage contract of a speech-impaired individual through writing or gestures. However, the two differ in their legal approaches: the Shafi‘i school applies qiyas, equating spoken words, writing, and gestures, while the Hanafi school applies istihsan, considering gestures not fully equivalent to writing. Therefore, gestures are only permitted when the speech-impaired individual is unable to write.
The Tradition of Black Goat Slaughtering at the Beginning of Suro: An Analysis from the Perspective of Islamic Law Baedhowi; Nur Amin; Syed Iftikhar Ali Gilani
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.612

Abstract

This study examines the tradition of slaughtering black goats at the beginning of the month of Suro, a practice that remains strongly preserved in Dusun Sarangan, Campurejo Village, Tretep District, Temanggung Regency. As part of the Javanese New Year celebration, the tradition involves the ritual selection of black goats with specific criteria, such as being male, young, and having intact horns. The meat is prepared and distributed to neighbors and relatives, reflecting the communal and charitable dimensions of the practice. Using a qualitative case study approach through interviews, observation, and documentation, the study reveals that the tradition embodies expressions of gratitude to Allah, ritual devotion, and social charity. From the perspective of Islamic law, the slaughtering of black goats is considered permissible insofar as it is motivated by charitable intentions and conducted in accordance with Islamic legal principles. Beyond its religious significance, the tradition also contributes to social cohesion and resource redistribution within the community. The findings highlight the importance of understanding local values while maintaining a balance between preserving cultural heritage and responding to contemporary social change.
Analysis of the Obligation of Halal Certification for Food and Beverage Products among Non-Muslim Business Actors in Kaloran District Mahdee Maduerawae; Imron Imron; Hidayatun Ulfa
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.614

Abstract

This study examines the obligation of halal certification for food and beverage products produced by non-Muslim business actors in Kaloran District. The enactment of Law Number 33 of 2014 on Halal Product Assurance, as amended by Law Number 11 of 2020 on Job Creation, has transformed halal certification from a voluntary requirement into a mandatory legal obligation for all business actors, regardless of religious background. This policy aims to provide legal certainty and consumer protection, particularly for Muslim consumers who are religiously obliged to consume halal products. This research employs a qualitative approach with a normative-empirical method. Normative analysis is conducted through the examination of statutory regulations related to halal certification, while empirical data are obtained through field observations and interviews with non-Muslim food and beverage business actors in Kaloran District. The study reveals a significant gap between legal norms (das sollen) and their practical implementation (das sein). Most non-Muslim business actors have not yet obtained halal certification, and some are unaware of the mandatory nature of this obligation. Limited socialization, lack of administrative guidance, and perceptions of lengthy certification procedures are identified as the main obstacles to compliance. The findings indicate that the primary challenge in implementing mandatory halal certification does not lie in the legal framework itself but in its execution at the local level. Therefore, this study emphasizes the need for more effective socialization, institutional assistance, and simplified administrative procedures to ensure the effective enforcement of halal certification obligations. Strengthening these aspects is essential to achieving the objectives of consumer protection, legal certainty, and the development of Indonesia’s halal industry
The Tingkeban in Temanggung from an Anthropological Perspective Baedhowi; Adib Subhan; Ouedraogo Saidou
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.615

Abstract

Tingkeban Ritual is one of the Javanese cultural traditions that continues to be preserved by communities in Temanggung Regency, particularly within the life-cycle rituals related to pregnancy. This tradition functions not merely as a ceremonial practice, but also embodies philosophical, religious, and social values that reflect the Javanese worldview. This study aims to analyze the meanings and functions of the Tingkeban Ritual from an anthropological perspective, with a focus on ritual symbolism and its relevance to the social and religious life of the community. This research employs a qualitative approach with a descriptive-interpretative method. Data were collected through participant observation, in-depth interviews with traditional leaders, religious figures, and community members involved in the ritual, as well as documentation studies. The data were analyzed qualitatively using a symbolic interpretive approach to uncover the philosophical meanings embedded in ritual elements such as rujak, nasi tumpeng, and ayam ingkung, and their relationship to religious values and social concern. The findings indicate that the Tingkeban Ritual contains philosophical values emphasizing hope for safety, balance, and blessing, while simultaneously strengthening social relations and community solidarity. This tradition also represents a dialectical process between local Javanese culture and Islamic religious values, functioning as a medium for cultural and spiritual education within the community. Thus, the Tingkeban Ritual serves not only as a form of cultural heritage but also plays a significant role in maintaining identity, social harmony, and the sustainability of Javanese cultural values in Temanggung.
A Comparative Analysis of Abū Ḥanīfa’s and Imām Mālik’s Views on Nikāḥ Taḥlīl Muh. Syakur; Sarmiyati; Muhammad Zaki Tamami; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.616

Abstract

This study examines the legal perspectives on nikah muhallil (or nikah tahlil) according to Imam Abu Hanifah and Imam Malik, highlighting the differences in their jurisprudential methodologies and ethical considerations. Nikah muhallil refers to a marriage conducted to render a woman lawful for her first husband after she has been divorced three times (talāq thalāthah). Using a qualitative doctrinal and comparative approach, this research analyzes classical fiqh texts, prophetic traditions (hadith), and scholarly interpretations to understand the reasoning behind each scholar’s position. The findings indicate that Imam Abu Hanifah permits nikah muhallil under certain conditions, emphasizing the validity of the marriage contract even if conditional terms are attached, while considering the intention of the second husband as relevant to the moral evaluation. In contrast, Imam Malik strictly prohibits marriages arranged solely to circumvent the prohibition of returning to a former spouse, asserting that such acts invalidate the contract and are morally equivalent to zina (fornication/adultery).The study concludes that both approaches, though differing in legal reasoning and ethical emphasis, contribute to the development of Islamic family law by balancing formal legal validity with moral and spiritual considerations. This comparative analysis provides insight into how classical juristic methodologies can inform contemporary applications of Islamic marital law.
Inheritance Distribution Practices in the Traditional Customs of Temanggung Society Muh. Baehaqi; Munsiun; Mahdee Maduerawae
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.617

Abstract

This study examines inheritance distribution practices within the traditional customs of the Temanggung community, focusing on Banjarsari Village, Bejen District. Employing a qualitative descriptive approach, the research draws on field observations and in-depth interviews with community leaders, religious figures, and heirs involved in inheritance distribution. The findings reveal that inheritance is predominantly distributed according to customary law (adat), often prior to the death of the testator and equally among sons and daughters. Although this practice diverges from the formal provisions of Islamic inheritance law (farāʾiḍ), it is maintained to ensure social harmony, perceived fairness, and the prevention of familial conflict. From the perspective of maqāṣid al-sharīʿah, these customary practices reflect an orientation toward public welfare (maṣlaḥah), preservation of family unity, and protection of property. The study highlights the dynamic interaction between Islamic law and local tradition and emphasizes the importance of context-sensitive, maqāṣid-oriented approaches in applying Islamic inheritance law within plural legal systems.

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