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INDONESIA
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 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW" : 9 Documents clear
DEATH SENTENCE FOR DRUG TRAFFICKERS ACCORDING TO HADITH NARRATED BY AHMAD Masykur, Basmah Ahmad
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.22669

Abstract

Abstract  Drug abuse and trafficking represent significant global challenges, particularly in Indonesia. This study examines the Islamic perspective on the death penalty for drug traffickers, referencing the Hadith narrated by Ahmad. The research highlights Islam's emphasis on community health and safety, categorizing drug use as a major sin warranting severe sanctions. Employing a comparative normative legal approach, the analysis incorporates Islamic jurisprudence, national laws, and scholarly opinions. While some Islamic scholars endorse the death penalty as a means of justice and societal protection, others urge caution, advocating for measured applications rooted in fairness and due legal processes. Findings suggest that Islam recognizes the grave societal harm caused by drug trafficking, supporting stringent measures like the death penalty under a transparent legal framework. The study underscores the necessity of balancing justice, human rights, and religious principles in addressing this critical issue.
EXPLORING THE INFLUENCE OF SHAFI'I SCHOOL AND ITS CORRELATION IN THE PRACTICE OF TAHLIL MARRIAGE IN INDONESIA Ilham Pratama, Nurul Fikri
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.24088

Abstract

Tahlil marriage, a legal practice rooted in the Shafi’i school of jurisprudence, has been assimilated into customary law across several regions in Indonesia, including Aceh, Jambi, Bengkulu, and Lombok. The enduring influence of the Shafi’i school in Indonesia is attributed to its early introduction during the initial spread of Islam in the archipelago by Shafi’i scholars and preachers. This influence persists today, as seen in the prevalence of Islamic boarding schools that rely on classical Shafi’i fiqh texts as their core references. Among traditionalist communities, classical fiqh continues to guide societal practices such as worship, transactions, and marriage. Although tahlil marriage is not recognized as valid under Indonesia’s positive law, some customary laws influenced by Islamic principles uphold it as a solution to reconcile couples following the pronouncement of triple divorce (talak tiga) outside the formal judicial system. Using a qualitative, literature-based approach, this study examines the concentration of the Shafi’i school in Indonesia as a key factor contributing to the persistence of tahlil marriage practices in various regions.Key words:Tahlil marriage, Shafi’ijurisprudence, customary law, Indonesia.
PRINCIPLES OF ISLAMIC LAW IN ACTIVITIES ENDORSEMENT FOR MUSLIM FEMALE INFLUENCERS: STUDY BASED ON TAFSIR AL-QUR'AN Susanti, Desi; Ismail, Hidayatullah; al Sarireh, Amer Jamil Abduh; Hadi, Henrizal; Abrar, Ahyarul; Hanifah, Syifa
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.33566

Abstract

In the increasingly developing digital era, endorsements have become a popular marketing strategy on social media. However, for a Muslim woman who becomes an influencer, this activity must be by Sharia values, which include honesty, transparency, and moral responsibility. This study aims to analyze the application of Islamic legal principles in endorsement activities by Muslim influencers. The research method is descriptive and qualitative, with data obtained through observation and literature studies. The results of the research show that all muamalah can be done unless there are arguments that prohibit it. Therefore, Muslim influencers must comply with Sharia principles, which include product halalness, clarity of status in transactions, price compliance with quality, and honesty in conveying information. The novelty of this research lies in the deep integration of Islamic legal principles with digital endorsement. This study extends the discourse of Islamic law into the context of modern marketing. It offers applicable ethical guidance for Muslim influencers in the digital era by introducing the perspective of maqashid Sharia (the objectives of Sharia) in endorsement activities.
VALIDITY OF CRYPTOCURRENCY AS DOWRY IN MARRIAGE IN INDONESIA PERSPECTIVE OF ISLAMIC LAW Farhan, Muhammad Faiz; Saiban, Kasuwi
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.23527

Abstract

This study examines the validity of cryptocurrency as a dowry in marriage in Indonesia from the perspectives of Islamic law and positive law. Technological advancements have driven the use of crypto assets as dowries, sparking debates regarding their legitimacy and mechanisms. This research aims to analyze these issues using a normative approach with contemporary ijtihad methods (intiqa’i and insya’i) and a statute approach. The findings reveal that, in general, the Indonesian Ulema Council (MUI) prohibits the use of cryptocurrency as a medium of exchange or commodity, except when it fulfills the requirements of sil’ah. In the context of national law, crypto assets can be used as dowries if agreed upon by both parties. The transfer mechanism requires a grant process before a notary to ensure legal validity. This study has implications for the development of regulations and legal understanding regarding the use of modern technology in religious traditions.Key words: Cryptocurrency, Dowry, Islamic Law, Positive Law, Technology.
ANALYSIS OF SOCIAL INTEREST THEORY RELATED TO EARLY MARRIAGE IN KEBOMAS DISTRICT, GRESIK Laili, Dinda Faizatul; Waasinas, Aby Isnain Naafie; Fajriyah, Intan Nur; Rifqi, Muhammad Jazil
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.27052

Abstract

AbstrakEarly marriage is one of the issues highlighted by the Indonesian government today. It is undeniable that the trend of early marriage, especially in rural communities, has increased significantly in contrast to urban communities. Many factors are behind it such as economic factors, social conditions, and traditions that certainly have a big impact on this trend. The author is interested in analyzing the case by using the Pound theory of social interest, especially in terms of health insurance, safety, security and order. The purpose of this study was to analyze whether the practice of early marriage in Kebomas District has been able to be covered in the Pound theory of social interest, and whether the standards are appropriate. In conducting the research, the author uses qualitative research with sociological approach with interviews and observations as a data collection technique. The results of this study showed that early marriage in Kebomas district showed that most had met the assurance standards set forth by Pound. However, the efforts of Kua Kebomas that are not balanced by the awareness of the local community are also a problem so that there are still people who do not understand the importance of marriage on time.Keywords: early marriage, Social Interest, factors of early marriage
THE LEGAL STATUS OF CHILDREN OUTSIDE MARRIAGE: A COMPARATIVE STUDY OF CIVIL LAW IN INDONESIA AND MALAYSIA Mahendra, Yusril; Izzuddin, Ahmad; Alfikri, Ahmad Faiz Shobir; Rahmatullah, M. Azam
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.27669

Abstract

The legal status of children's validity raises conflicts between das sein and das sollen, especially about religious values, children's interests, and legal developments in Indonesia and Malaysia. This research aims to analyze and compare the Decision of the Constitutional Court of the Republic of Indonesia No. 46/PUU-VIII/2010 and the Decision of the Rayuan Sivil Court of Malaysia No. W-01 (A) - 365-09/2016 regarding the legal status of children out of wedlock so that similarities and differences can be identified in terms of legal substance, legal considerations, and legal implications for the protection of the rights of children out of wedlock in Indonesia and Malaysia. The method used in this research is normative legal research with a comparative legal approach. The result of this research is that the validity of the status of children out of wedlock is legally recognized in Indonesia and Malaysia.  The Decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII/2010 explains that children out of wedlock have a civil relationship not only with their mother and mother's family but also with the man who is the father, provided that the relationship can be proven through science and technology or other evidence that is valid according to law. In Malaysia, based on the Rayuan Sivil Court Decision No W-01 (A) - 365-09/2016, children of Muslim couples born out of wedlock can now be attributed to their biological father. Although the two decisions have the same legal substance, the reasons underlying the birth of the two decisions are different. The Constitutional Court of the Republic of Indonesia made social justice, legal certainty, and protection of children's rights as citizens guaranteed by the constitution (UUD 1945) legal considerations. However, the Court of Civil Procedure is oriented towards administrative regulations based on the 1957 BDRA Deed Seksyen 13
AN ANALYSIS OF THE RESULTS OF THE 33RD NU CONGRESS 2015 ON THE PROTECTION OF INDONESIAN MIGRANT WORKERS AND MARRIAGE REGISTRATION FOR MUSLIM MIGRANT WORKERS ABROAD. Huda, Miftahul; Hidayati, Tri Wahyu
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.24567

Abstract

Indonesian citizens who need marriage registration services abroad do not always get the best service from the Indonesian Representative Office abroad. With this issue, NU provided recommendations in the 33rd NU Mu'tamar to strengthen legal protection for Indonesian workers abroad. This research was conducted to answer questions related to the context in which NU formulated the protection of Indonesian migrant workers and marriage registration for Muslim migrant workers abroad. This research uses normative research with a statutory approach and conceptual approach, so this research is a type of library research. From the results of the 33rd NU Batsul Masail decision on the protection of migrant workers and marriage registration for Muslim migrant workers abroad using the approach of the Fikih rule Qawaid al-Ahkam fi Mashalih al-Anam, where this rule emphasises that on Maslahah mursalah. So it is required for the legislative body to provide more benefits, especially in relation to services for foreign migrant workers who want to register their marriage. This is seen from Law No. 39 of 2004 that has not fully regulated the protection in detail, which results in many violations that occur against migrant workers. Starting from the determination process through TKI service bureaus to placement in the workplace. In addition, Law No. 39 of 2004 does not include matters relating to marriage for overseas workers so that it raises new problems related to the protection of migrant workers, one of which is the problem of marriage registration. Judging from the urgency of marriage registration, it is very necessary to add regulations relating to this matter to Law No. 39 of 2004. With the inclusion of marriage issues in Law No.39 of 2004.
IMPLEMENTATION OF ENVIRONMENTAL FIQH IN INDONESIA FROM THE PERSPECTIVE OF MAQĀṢID AS-SYARĪ’AH JASSER AUDA Makraja, Fahmi; Ramlah, Ramlah
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.31378

Abstract

The aim of implementing sharia (maqashid sharia) is to maintain a better order of life. In Indonesia, environmental aspects still need serious attention, so the presence of this research is to actualize the concept of environmental jurisprudence in Indonesia from the perspective of Jasser Auda's Maqāṣid As-Syarī’ah . The method used in this research is descriptive qualitative with a library approach. The aim of this research is to provide an overview and solution to the implementation of environmental jurisprudence (fiqh bī’ah) in Indonesia based on Jasser Auda's maqashid sharia concept. The research results show that environmental problems in Indonesia have not been resolved comprehensively, marked by various natural disasters, waste and significant climate change. This needs to be discussed, considering the long continuity of human life, so it is important to implement awareness to protect the environment through the actualization of environmental jurisprudence in society. This is explained in the actualization of environmental jurisprudence based on Jasser Auda's concept of maqashid sharia where preserving the environment is part of maintaining religion, soul or honor, reason, lineage and property. So the concept of Environmental Jurisprudence (fiqh al-bī'ah) with an ecoreligious typology is very important to apply in Indonesia
ANALYSIS OF THE DETERMINATION OF GUARDIANSHIP OF MAFQUD INHERITANCE ON THE URGENCY OF NATIONAL DAM LAND ACQUISITION IN THE RELIGIOUS COURT OF SUWAWA NORTH SULAWESI (CASE STUDY NUMBER: 355/PDT.P/2022/PA.SWW) Choirullah, Ahmad Farhan; Suryana, Muhammad Indra
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.29160

Abstract

Inheritance problems occupy the second highest level after divorce which is full of complexity, especially internally for the heirs. In the case in this study, the heir owned a plot of land that was left to heirs consisting of mother and child. However, as time goes by, the land which is the inheritance right of both of them is planned to be included in the category of national strategic project in the form of building a dam for the public interest. On the one hand, the heir is still a minor so he is not yet competent to take legal action if the land is sold, and on the other hand, the child's mother has disappeared (mafqud) and her whereabouts are unclear to this day. However, from the father's line there are still grandparents, both of whom submitted a request to the Religious Court to become guardians for the child so that they can look after, care for, look after and carry out buying and selling transactions of inherited land. The study in this study aims to explain the analysis of the determination of guardianship of mafqud heirs on the urgency of land acquisition for the national dam at the Suwawa Religious Court, North Sulawesi (Case Study Number: 355/Pdt.P/2022/PA.SWW. Meanwhile, the topic of study in this study is the determination of guardianship for heirs of minors, management of their inheritance and the inheritance of their parents who have mafqud status. In this study, the author uses a qualitative method with a descriptive approach to explain the legal arguments and facts. The results found in this study are that the Suwawa Religious Court granted and determined the petition of the applicants as guardians of Amelia Iskandar who is the heir of the minor and Indriyani Kosa, the heir who has mafqud status in order to be able to manage the inheritance left by the testator. Legal protection for mafqud heirs if in the future the person is found alive, then the applicants are obliged to provide the inheritance that is their share.

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