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INDONESIA
IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Published by Institut Agama Islam Negeri Salatiga
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 234 Documents
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Pandangan Tuan Guru Lombok terhadap multi akad dalam muamalah maliyah kontemporer Musawar Musawar
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.131-155

Abstract

The concept of Hybrid Contract or “Multi Akad” is an ijtihad of the cholars to address the development of human life, especially in mu‘amalah aspect. It is understood as the merge of the two contracts or more in a contract. Therefore, many modern transactions use it and even in the last decade the scholars began to discuss about it’s validity. The conversation and debate about the validity of this Hybrid Contract appears not without reason, because of numbers of prophetic traditions, showed literarily that Hybrid Contract is forbidden in the transaction. Departing from that, this study answers three basic problems: the first is “how the concept of “Hybrid Contract” in view of Tuan Guru Lombok”, who became a role model for peoples of Lombok, because of they are as religious and community leaders. The second question is how an argumentation that built by Tuan Guru bout the “Multi Akad” in Islamic Law. While the third problem is how the typology Tuan Guru Lombok thought. This study is a qualitative research by maqasid al-Shari’ah  and the sociology law approaches, and this study is made with the method of interview to Tuan Guru who are determined by “purposive sampling” method, and so this research is supported by ocument data in the form of books, magazines and more. This study concluds that Hybrid Contract concept in Tuan Guru Lombok view is a contract containing two contracts or more in financial problems, both applicable in financial institutions shari‘ah or no. Surely, the concept of Hybrid Contract is a way to elude from “usury”. Regarding to Multi Akad in Islamic Law like “Dana Talangan Haji” at financial institutions shari‘ah,  Tuan Guru responded it by two argumentations: so that they are divide to two group: rejecter and endorser. And they are divided into 2 (two) typology: textual and textual progressive, the textual group understood that Hybrid Contract is unlawful or forbidden according to prophetic traditions texts and it was interpreted textually. While progressive textual tends to allow, even though they can not separate them self from the text of the prophetic traditions, but they also consider the development of thought, life, and environment.
Isbat nikah terpadu sebagai solusi memperoleh hak identitas hukum Ramdani Wahyu Sururie
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 17, No 1 (2017)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v17i1.113-133

Abstract

The integrated marriage isbat is a series of activity which is jointly conducted and coordinated withinparticular time and place between the Religious Court/Court of Law, the Regional Office of CitizenshipService in a city or a district, the sub-district Office of Religious Affairs with its mobile service for givingthe marriage legalization. The integrated marriage isbat is conducted based on the rules of the SupremeCourt, Number 1 in 2015. Even though the legal basis of such integrated marriage isbat is under therules of the Supreme Court, yet the function remains the same that is the regulatory function orregelende functie for the continuity of judicature implementation. The background of the issue of theSupreme Court Rules Number 1 in 2015 is that there are so many numbers of marriages which are notregistered because of the society’s lacking access to the courts. The aim of the integrated marriage isbatis to improve the access toward legal service and to help people, especially those who haves not, inobtaining the rights of marriage certificate, the excerpt of marriage certificate, and the birth certificate assimple, fast, and cheap as possible. Principally, the implementation of the integrated marriage isbat issimilar to the regular one conducted in the court; what make it different are that the place is outside thecourt, free of charge, single judge, and collective vacation. Therefore it can be concluded then that theimplementation of the integrated marriage isbat is to fulfill the rights in obtaining law identity for thosewho haves not as the solution for the law assurance.
The formulation of nusantara fiqh in Indonesia M. Noor Harisudin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v21i1.39-58

Abstract

This article discusses how Fiqh Nusantara, an Islamic jurisprudence in Indonesia was formed and formulated.  Data were obtained through library research, classic literature commonly used in Islamic boarding schools, fatwas of the Indonesian Council of Ulama, Nahdlatul Ulama, and Muhammadiyah. The Fiqh Nusantara contextualization in Indonesian locus – known as Fiqh Nusantara– is posed from distinctive genealogy and characteristics compared to Fiqh that has developed in the Middle East. One of the characteristics of Fiqh Nusantara is that it has strengthened the unity of the Republic of Indonesian as indicated by its various contributions in the national legal system. Additionally, it has been resulted in a dialogical process in which many fatwas developed and lived in the community. It is responsive to recent developments of fiqh and it is not derived from one school of thought. It is created through collective efforts (collective ijtihad) in the form of fiqh which is open to variety of opinions. However, Fiqh Nusantara as an Islamic law in Indonesia has not yet penetrated the domain of mahdlah (sincere worship to the God). For Fiqh Nusantara activists, it was only applicable to the changing domain of fiqh (mutaghayirat) and not to the fixed domain of fiqh (tsawabit).
Fairness in the distribution of land ownership in Indonesia based on Islamic law perspective Koko Komaruddin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.211-234

Abstract

The imbalance of land ownership and tenure, which results in several land cases, becomes the main problem in agrarian sector in Indonesia that needs quick handling. Although the government has issued some policies related to the agrarian sector, such cases have not been completely solved. The main cause of the imbalance of land ownership is not merely about substance or policy related to land, but also the fundamental concept, philosophy, and orientation of the policy. Regarding this matter, this article explains Islamic point of view about fairness in distribution of land ownership as an alternative solution. Methodologically, this research is normative juridical research which is not only descriptive, but also prescriptive with doctrinal approach. According to a research conducted, every policy related to land issued by the government should be based on the principles of public interest or social justice as well as security of life and property, which become part of the concept of maqashid al-syarî’ah. Thus, the government must play an active role in the mechanism for the distribution and revocation of property rights over the land. Additionally, to make a fair and equitable the distribution of land, the government is required to provide supports, such as intensification and extensification so that all people are able to receive, manage, and use land ownership rights.
Operational permits and brandings of savings and loan cooperatives and sharia financing (KSPPS) in legal validity perspective Anjar Kususiyanah; Soleh Hasan Wahid; Wahyu Saputra
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v21i1.59-78

Abstract

This article described the legal validity of Savings and Loan Cooperatives and Sharia Financing (KSPPS) in East Java Region, especially regarding operational permits and their brandings. Most of them have KSPPS operational permits but in their operations use Baitul Mall Wa Tamwil (BMT) brand. Meanwhile, based on Chapter 2 Article 2 Point 7 of the Regulation the Minister of Cooperatives and Small and Medium Enterprises (SMEs) Number: 11/PER/M.KUKM/XII/2017, it is mandatory for every cooperative branch office and service network to display the cooperative identity either the name or logo, and not the BMT brand. The problem in this study was discussed using legal validity theory from philosophical, juridical and sociologicaldimensions. This was a qualitative research with a sociological, juridical, philosophical approach. Data collection techniques were divided into two, namely literature study to explore legal documents as data to review philosophical and juridical aspects and field studies to explore information from KSSPS in East Java to analyze the sociological aspects of the validity of the Regulation. The findings of the research were: the legal validity of the Ministerial Regulation Number: 11/PER/M.KUKM/XII/2017 from a philosophical point of view is not in line with the legal ideals of cooperatives in Indonesia. While from a juridical side, there is a legal vacuum. In addition, from a sociological dimension, it has not run perfectly due to non-optimal socialization from policy makers.
Discrimination against wife in the perspective of CEDAW and Islam Mubādalah Habib Sulthon Asnawi; Habib Ismail
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.253-268

Abstract

This article analyzed wife discrimination in the household viewed from the perspective of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and Islam Mubādalah. Regulation of wife obligation in the household are stated in the Marriage Law (UUP), Number 1 of 1974, article 34 paragraph (b) saying that “A wife has duty to manage household affairs as well as possible”. The fact shows that the regulation is widely understood literally, hence it creates gender bias stigma and a wife discrimination. The study was a library research using a normative approach, which examined the Marriage Law with qualitative analysis and applied gender justice theories. The research showed that the regulation in the article 34 of the Marriage Law is interpreted textually, which has implications for discrimination against wife roles in the household. As the result, this understanding affects on wife discrimination and againsts gender justice in the perspective of CEDAW and Islam Mubādalah. As the novelty, the authors found that the wife discriminations in the household are due to the strong pratiarchical perspective in the article 34 of Marriage Law, and the article tends to be a masculine perspective.
Science-based Ijtihad: religious and scientific dialectic on fatwas regarding congregational worships amid the covid-19 pandemic Ali Sodiqin
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v21i1.79-98

Abstract

The covid-19 pandemic has impacted religious practices, including Islamic practices. Islamic scholars have issued several fatwas which regulate how congregational worships should be practiced. For instance, a fatwa regulates that a worship which is supposed to be performed at a mosque collectively should be performed at home individually. The rapid spread of coronavirus becomes the primary reason for issuing this regulation. This study is a normative study which employs an usul fikih approach. The object of the study is the religious and scientific dialectic on fatwas regarding congregational worships amid the covid-19 pandemic. Data is collected by gathering fatwas issued by ulama councils around the world. The data is analyzed through a ta’lîly logic, that is a logical reasoning that is based on ‘illah (reason). This study is built upon the theory of istihsan bil maslahah, which refers to a theory about how Islamic laws can change depending on their benefits. This study presents three main findings. First, in issuing fatwas regarding the covid-19, ulama used scientific findings about the danger of coronavirus as ‘illah for changing the practice of congregational worships and employed as a lens to consider the benefit of a law. These ulama used the interrelationship model of interests (maslahah) in which preserving of soul (hifẓ an-nafs) was more important that preserving of faith (hifẓ ad-dîn). Second, the ulama methodologically combined religious method, which was based on interpretative approach, and scientific method, which was based on empirical approach. This integration of religious and scientific methods reflected doctrinal-philosophical aspect and legal-ethic aspect of the fatwas. Third, the fatwas indicated the use of functional interpretative approach towards scriptural texts, logic, and reality.
Contextualization of the19th century Islamic law in Buton (a study on Sultan Muhammad Idrus Qaimuddin thought about mawaris) Muhammad Alifudin; Moh. Toriqul Chaer; Fitriah M. Suud
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.269-287

Abstract

This was a literary research about the contextualization of Islamic Law in Buton in the 19th Century. It proved a descriptive data about the paradigmatic basis used by Idrus Qaimuddin to re-actualize Islamic law in Buton. It utilized Von Eckartsberg’s phenomenological hermeneutic approach combined with Miles and Huberman’s analysis model. The study concluded that Idrus thought about mawaris was designed based on the Butonese needs and local character. It was product of Al-Qur’an constructed based on the spirit of reformation by prioritizing justice aspects to create social and cultural fairness. His attempt to re-interpret the mawaris verse showed his view on the text as something alive so that it needs a dialogue with condition and realities. Even though he did not explore much potentials of Islamic thurats which could enrich his views on mawaris, at least his thought proved that in the beginning of the 19th century, there was an Islamic scholar attempting to re-actualize Islamic teaching in this archipelago.
Court decisions on post-divorce children’s livelihood: Islamic law analysis on their practices in Indonesia and Malaysia Fauzul Hanif Noor Athief; Resti Hedi Juwanti
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 20, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v20i2.151-173

Abstract

A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there  always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.
The decision on joint properties in Bengkulu High Religious Court Jurisdiction Jayusman Jayusman
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 21, No 1 (2021)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v21i1.99-118

Abstract

Joint property disputes after divorce at the Religious Courts (PA) under the Bengkulu High Religious Court (PTA) jurisdiction are always equally settled by giving half for each ex-spouse, regardless of the domination in working to earn the properties. The decisions refer to the article 97 of the Compilation of Islamic Law (KHI). The decisions do not fulfill sense of justice regarding the ex-wife participating in earning the living. This library research would like to descriptively analyze the progressive law reviews of the decision related to joint properties with working wives set at some Religious Courts under the Bengkulu High Religious Court jurisdiction in 2016-2019 periods, in the context of reforming the Marriage Law in Indonesia. In drawing conclusions, the data are analyzed by applying progressive law theory. The study shows that Religious Courts’ decisions are not regulated in traditional Islamic law, but they are found in contemporary Islamic law by analogizing them as Shirkah with the division based on the agreement between the parties. In positive law perspective, the joint property division has been determined with each equally get half. In the meantime, from the progressive law perspective in the context of reforming the Indonesian Marriage Law, ex-wives participating in earning living should get a larger portion of joint properties than their ex-husbands, to fulfill the sense of justice. Their portions are decided amicably on the agreements of the parties

Page 20 of 24 | Total Record : 234

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