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Hukum Islam
Published by Universitas Islam Negeri Sultan Syarif Kasim Riau
ISSN : 14118041     EISSN : 24430609     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Islam dengan nomor (Print ISSN 1411-8041) (Online ISSN 2443-0609) merupakan jurnal yang diterbitkan oleh Fakultas Syariah dan Hukum Universitas Islam Negeri Sultan Syarif Kasim Riau sebagai media pengkajian dan penyajian karya ilmiah terutama bidang hukum Islam. Jurnal ini pertama kali terbit sejak tahun Desember 1998, Jurnal ini terbit 2 kali dalam satu tahun yakni pada bulan Juni dan Nopember
Arjuna Subject : -
Articles 9 Documents
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Search results for , issue "Vol 23, No 2 (2023): HUKUM ISLAM" : 9 Documents clear
FAKTOR PENYEBAB PERNIKAHAN BEDA AGAMA DI INDONESIA Alfarisi, Usman; Fadil, Ahmad; Sadari, Sadari; Arrazy, Lazuardi Fadhlan
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.22385

Abstract

This study aims to describe the factors causing interfaith marriages in Indonesia. The research method used is qualitative with a literature approach, where all data is obtained from relevant written materials. The research results show that the factors causing interfaith marriages in Indonesia include unharmonized regulations regarding interfaith marriages, differences in judges' perspectives when deciding cases, and the role of facilitators who provide a platform for couples wishing to marry across religions. This study emphasizes that interfaith marriages do not occur without cause but are supported by several factors that enable their occurrence. The implications of this study indicate the need for harmonizing regulations and increasing legal understanding related to interfaith marriages to reduce the incidence of such cases in the future. This is important to create harmony in law enforcement and provide legal certainty for the community.
TORI'OU TRADITION IN THE TOLAKI TRIBE COMMUNITY PERSPECTIVE OF ISLAMIC LAW Nurrahman, Panji; Melati, Friska Sukma; Haramain, Fathur Baldan
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.22407

Abstract

This article aims to examine the tradition of tori'ou in the Tolaki tribe. The tori'ou tradition has been carried out for generations and until now it still causes debate because the tradition is considered a tradition that is contrary to Islamic law. Based on this problem, the author is interested in conducting research on the tori'ou tradition by formulating two problem formulations, namely; how is the practice of the tori'ou tradition carried out by the Tolaki tribe and how is the Islamic Law review of the tori'ou tradition. This research is a type of field research by conducting observations and interviews with Tolaki traditional leaders, religious leaders, and Tolaki community leaders. The data obtained was then analyzed using the Miles and Huberman model data analysis method. The results of this study indicate that the tori'ou tradition is a tradition of storing food in the last bed of a deceased person with the aim of remembering the deceased person by continuing to provide food. The tori'ou tradition is carried out from the first day after the person dies and continues until the 40th night or the 100th night.  While based on the review of Islamic Law, the tori'ou tradition is a form of 'Urf Fasid (damaged) because the Tolaki people's beliefs about the spirit are contrary to the teachings of Islamic law.
ANALYSIS OF BAWASLU'S AUTHORITY IN HANDLING ELECTION VIOLATIONS AFTER THE DETERMINATION OF ELECTION RESULTS ACCORDING TO JURIDICAL AND FIQH SIYASAH DUSTURIYAH Hidayat, Rahmat; Maghfira, Saadatul; Efendi, Roni; Utamy, Hebby Rahmatul
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.25173

Abstract

The focus of the research is the authority of Bawaslu in dealing with election violations after the determination of election results nationally according to Law Number 7 of 2017 concerning General Elections and how the fiqh dusturiyah fiqh review of the authority possessed by Bawaslu. This research is normative legal research. Based on the results of the research, it can be explained that Bawaslu in dealing with election violations after the determination of election results nationally in its implementation raises a separate problem because Bawaslu is very likely to issue decisions that can have implications for changes in the results of the votes acquired by election participants if the handling of violations is carried out after the determination of national election results. The practice of implementing Bawaslu's authority in dealing with violations that have an impact on the results of the vote acquisition after the determination of the national election results conflicts with the authority of the Constitutional Court so that it allows for overlapping of the authority of Bawaslu in following up on alleged election violations with the authority held by the Constitutional Court to resolve disputes over General Election Results Disputes (PHPU). The fiqh siyasa dusturiyah review of the authority of Bawaslu is not by the values in the Qur'an and fiqh siyasa dusturiyah related to the study of al-hisbah as an institution authorized to carry out supervision aimed at realizing amar ma'ruf nahi munkar which in principle is to bring benefits and reject mafsadat.
PROBLEMS WITH THE LAW ON PRAYING AN INVISIBLE ECLIPSE FROM THE PERSPECTIVE OF ISLAMIC ASTRONOMY Arisafitri, Novi; Ramadhan, Rizal; Alam, Bahrul
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.17633

Abstract

Solar and lunar eclipses are natural phenomena that occur two to three times each year. All Muslims are advised to perform the sunnah eclipse prayer when an eclipse occurs. However, the eclipse phenomenon cannot always be seen directly from Earth due to weather conditions that prevent the eclipse phenomenon of the Sun or Moon from being seen. The purpose of this study is to determine the law of eclipse prayer when it is not visible. The research methodology employed is qualitative library research, which involved the extraction of data from the Nash Al-Qur'an and Hadith, as well as the analysis of the opinions of scholars. The findings indicate that if an eclipse occurs and is subsequently obscured by clouds, dust, or other obstructions, the eclipse prayer should be performed upon the knowledge that an eclipse has occurred. This condition is still considered an eclipse as long as the individual believes that the eclipse will be completed at a specific time. In the event that the eclipse is visible with thin clouds or a clear or cloudy sky and then hesitates, it is advisable to wait until the eclipse is confirmed to have occurred before commencing the prayer. Conversely, if the eclipse is not visible due to cloud cover or otherwise, despite the existence of information indicating the occurrence of an eclipse, the recommendation to pray the eclipse remains invalid.
JUAL BELI BUKET UANG MENURUT PANDANGAN WAHBAH AZ-ZUHAILI ahmad, sifak saifuddin; Mufatzizah, Maranda Sukma; Balqis, Malikah
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/jhi.v23i1.22564

Abstract

This study discusses the views of Islamic law related to buying and selling bouquets of money from the perspective of Wahbah az-Zuhailiy. Money that was originally only used as a medium of exchange, with the development of human creativity, money can also be used as a series of beautiful arts in the form of a bouquet. Viewed from the other side, it is stated that it is not allowed to sell or exchange money for money with suspension and excess. This research is a library research that in its approach uses an analytical descriptive approach, by knowing the description and practice of buying and selling bouquets of money in the field. According to Wahbah Az-Zuhaili, buying and selling a bouquet of money includes buying and selling currency with currency that contains additional accessories. Thus, it can be concluded that in buying and selling a bouquet of money, the contract in buying and selling is not purely buying and selling currency with currency only, but rather buying and selling currency with currency with other accessories added, so that the law is valid according to one opinion and invalid according to another. This paper is expected to help answer the law of buying and selling a bouquet of money, especially for every party involved in this money bouquet business.
TRADISI PERNIKAHAN MENGELILINGI PUNDEN, SUMUR DAN MANDI AIR SENDANG MENURUT PANDANGAN ‘URF Iswiyah, Deviyana Khoirotul; Sabiq, Fairuz
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.22278

Abstract

This research discusses wedding traditions which have various versions of the procession according to the culture and context in which the wedding is held. Among the wedding processions that are considered unique, one of them is the wedding tradition of surrounding punden, wells and spring water bathing in Gembong Hamlet, Malanggaten Village, Kebakkramat District, Karanganyar Regency, Central Java. This tradition is interesting to study because every bride and groom who comes from that area or if only one of the bride and groom is a native of that area, both of them still have to carry out this tradition. The type of research in this study is field research and to achieve this goal the author uses a descriptive qualitative approach. Data collection was achieved through observation, interviews and documentation studies. Interviews were conducted with several residents of Gembong Hamlet, Malanggaten Village, Kebakkramat District, Karanganyar Regency. The results of this research show that the wedding tradition of surrounding punden, wells and bathing in spring water is a traditional wedding tradition in Gembong Hamlet, Malanggaten Village, Kebakkramat District, Karanganyar Regency, the implementation of which refers to the culture of the Surakarta palace. In terms of its validity, this tradition is categorized as 'Urf ṣahih, because it is known to the public and does not conflict with the Islamic propositions', so the implementation of this wedding tradition is permissible. This tradition is permitted because the essence of its implementation is to offer prayers to Allah SWT, and aims to introduce local residents to the ancestors who built the village, preserve the culture that has been passed down from generation to generation, and maintain local wisdom.
RELIGIOUS COURTS IN MUSLIM COUNTRIES: THE GRIP OF THE WESTERN LEGAL SYSTEM ON THE TRANSFORMATION OF THE KUWAITI JUDICIARY Layla, Desteny; Asasriwarni, Asasriwarni; Zulfan, Zulfan; Taufiq, Arif
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.20509

Abstract

AbstractThis research aims to examine the existing justice system in one of the Muslim countries in the world, namely Kuwait, which has undergone transformation due to the influence of the western legal system. This research is library research, namely research carried out by examining various related research and literature. The data source in this research is secondary data. The results of this research are that the grip of the Western legal system has changed the structure of the legal system in Kuwait. This can be seen in the legal system in Kuwait which has undergone a transformation, initially only influenced by Islam but currently also influenced by foreign legal systems, such as France, England and Egypt. This is due to the background of the Kuwaiti state which was once under the supervision of a foreign country such as England. The legal system in Kuwait has currently undergone a transformation, in the form of a combination of British common law, French civil law, Egyptian civil law and Islamic law (Shariah) by implementing the Sharia Law for its civil law. This causes the courts in Kuwait to be divided into three levels: the Court of First Instance, the Court of Appeal and the Court of Cassation. Within each of the three levels of courts, special boards or tribunals are created to adjudicate civil, criminal, commercial or financial, administrative, and personal status matters, and the courts may establish additional special councils or tribunals as necessary.   
IMPLICATIONS OF UNDERSTANDING LAFADZ BASED WADHIH DILALAH TO THE FORMATION OF LAW ACCORDING TO THE METHOD OF MUTAKALLIMIN AND HANAFI marzuki, marzuki; Syukri, Rahmat Ilahi
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.22194

Abstract

The purpose of this writing is to find out the influence of the opinions of the Hanafi school of thought and the Mutakallimin school of thought about the wadhih dilalah lafadz on the formation of law. This research uses qualitative methods and types of library research, which is a research conducted by conducting library research based on an understanding of the sources related to the theme of this research. To analyse the data that has been collected, the author chooses to use deductive-inductive. The results of this study can be concluded that the Mutakallimin method focuses more on pure theoretical studies to create solid ushul rules, this method emphasises the study of Arabic in depth, using dalalah (indicators) indicated by the lafadz-lafadz or sentences, logical understanding, and proof of the arguments. The Hanafi method in writing ushul fiqh is: too detailed in discussing furu' issues. They laid down the rules of Usul Fiqh by deducing from existing fiqh issues. In formulating the rules of Usul Fiqh, they are heavily influenced by the rules of the Hanafi school. The implications of the understanding between the two opinions about wadhih dilalah resulted in the birth of a variety of different laws
CONTRIBUTION OF KERINCI TRADITIONAL INSTITUTIONS IN RESOLUTION OF SYIQAQ DISPUTES Elmina, Sovia; Sulfinadia, Hamda; Ahmad Nadzri, Amirulhakim Bin
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.23001

Abstract

Kumun Debai has a traditional institution as a judiciary in resolving customary disputes including syiqaq disputes. The Kumun Debai traditional institution has had many successes in resolving disputes peacefully. However, people today who are in the midst of domestic conflicts, such as syiqaq , prefer to take legal action in the hope that a divorce will be granted. The aim of this research is to examine the process of resolving syiqaq disputes through Traditional Institutions in Kumun Debai. This research is qualitative in nature, in this research the data collection technique used is an interview technique which is considered primary data. The results of the research show that the process of resolving syiqaq disputes through traditional institutions is that first, traditional institutions receive complaints from disputing parties to help resolve the dispute, secondly, traditional institutions attend invitations from disputing parties at the specified time, thirdly , traditional institutions request each parties explain the problems that occur, fourth of the problems raised by traditional institutions research, study, draw conclusions and provide direction or advice to the parties in dispute in accordance with customary law, fifth traditional institutions ask for decisions from both parties to the dispute, sixth settlement by apologizing and the parties make an agreement either verbally or in writing.      

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