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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
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Articles 9 Documents
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Search results for , issue "Vol 25, No 2 (2025): ISLAMIC LAW" : 9 Documents clear
KAJIAN KOMPARATIF AKAD SALAM, SAMSARAH DAN WAKALAH SEBAGAI ALTERNATIF LEGALITAS SYARIAH DALAM TRANSAKSI JUAL BELI DROPSHIP Faza, M. Dzikrullah; Kharis, Aghus Jamaludin; Saidou, Ouedraogo
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38510

Abstract

This study proposes a new comparative fiqh framework to reassess the Sharīʿah legality of dropshipping practices by systematically mapping their business characteristics against the pillars and conditions of three classical contracts—Salam, Samsarah, and Wakālah—within the context of contemporary e-commerce and platform-based trade, which has not yet been comprehensively formulated in previous studies of fiqh al-muʿāmalāt. The research employs a qualitative approach using content analysis and literature review, focusing on classical and contemporary fiqh texts. The analysis applies muqāranah al-madhāhib, synthesized with maqāṣid al-sharīʿah, through the methods of taḥqīq al-manāṭ and qiyās istinbāṭī. The findings indicate that although the dropshipping model is efficient in addressing capital and inventory constraints for micro, small, and medium enterprises (MSMEs), it fundamentally violates the principle of Bayʿ Mā Lā Yamlik (selling what one does not own) and is highly susceptible to gharar concerning ownership (milkiyyah), product specifications, and delivery time. Consequently, Sharīʿah law requires dropshippers to promptly convert their contractual status. This study proposes three Sharīʿah-compliant alternatives: Samsarah, Wakālah or Salam. The study concludes that Wakālah represents the lowest gharar-risk model and offers the most consistent framework for clarifying ownership, risk allocation, and contractual responsibility among the parties involved in the transaction chain.
CRITICISM OF ISLAMIC CRIMINAL LAW AGAINST ARTICLE 5 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS RELATED TO THE APPLICATION OF QISHASH PUNISHMENT Salsabila, Adzanah Mariska; Faizal, Enceng Arif; Najmudin, Deden; Pahlevi, Mohamad Syahreza
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38792

Abstract

Abstract The application of qishash punishment in Islamic criminal law is often debated because it is considered to be contrary to Article 5 of the Universal Declaration of Human Rights (UDHR), which rejects all forms of cruel, inhuman, and degrading punishment. This accusation is certainly misleading because it views qishash only from a symbolic-artificial perspective. The purpose of this study is to interpret Article 5 of the UDHR, analyze the concept of qishash punishment in fiqh jinayah, and critique Article 5 of the UDHR in relation to the application of qishash punishment. This study uses qualitative research with a normative juridical method through a statute approach, conceptual approach, and comparative approach through library research on primary and secondary legal sources, which are then critically analyzed. The results of this study are able to criticize Article 5 of the UDHR with two main arguments, namely, first, qishash is not a cruel, inhuman, and degrading punishment; second, there is caution in the application of qishash punishment through various critical theories and logic (evotivism theory, deconstruction theory, logical fallacy, cultural relativism theory, critical human rights theory, and postcolonial theory). The novelty of this research lies in its attempt to critique the human rights perspective on the application of qishash punishment by offering a maqashid al-syari'ah qishash approach, namely qishash as a mechanism for protecting the right to life (hifz al-nafs) as well as a form of substantive and proportional justice. The academic contributions of this research include enriching the study of Islamic criminal law with an integrative perspective, offering a critical analysis of the interpretation of Article 5 of the UDHR, and providing normative references for the development of a more contextual national criminal law.
THE LEGAL CONSIDERATIONS OF UMAR IBN AL-KHATTAB AND THEIR RELEVANCE TO THE APPLICATION OF AMNESTY AND ABOLITION IN CRIMINAL LAW IN INDONESIA Mawardi, Mawardi; Putra, Firman Surya; Cheha, Muhammad Zakee
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38050

Abstract

Umar Bin Khattab was the Caliph who succeeded Abu Bakr Shiddiq. He was famous for his numerous and brilliant Ijtihad, so he was also known as the pioneer of Ahl Ra'yu in ijtihad among the companions. This study aims to reveal Umar's ijtihad models in implementing Islamic Law during his leadership, more specifically to his relatively new decisions, which had never been implemented by the Prophet Muhammad and Abu Bakr before. This study uses a qualitative research method with a library research approach or literature study. This method aims to explore, analyze, and synthesize various literatures relevant to the theme of the history of the development and renewal of Islamic law. The main data sources used in this study are books, scientific journals, articles, and other documents that discuss aspects of the development of Islamic law during the time of Umar bin Khattab. In addition, this study also utilizes the works of contemporary Islamic thinkers who provide new perspectives on the renewal of Islamic law. This article will describe the transformation Umar ibn Khattab undertook in the implementation of Islamic law during his time. In addition to utilizing the Quran and Hadith, Umar also utilized reason as a method for enforcing Islamic law’s and is relevant to the implementation of law in Indonesia in the form of the implementation of amnesty and abolition for prisoners.
BAKAIN DUO : MENEGUHKAN KEMBALI SIMBOL, IDENTITAS, DAN SYARI’AT AURAT PADA PAKAIAN BUNDO KANDUANG DI MINANGKABAU Sasmiarti, Sasmiarti; Busyro, Busyro; Manap, Norhoneydayatie Abdul
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38258

Abstract

Studies on women's aurat in Islam often focus on universal normative-theological approaches, thus ignoring the dynamics of locality and cultural symbolism. In Minangkabau, the traditional dress bakain duo worn by Bundo Kanduang contains complex symbolic meanings, but has not been interpreted in the frame of aurat verses. This research aims to reinterpret the bakain duo symbol as an articulation of identity, sharia, and culture in Minangkabau Muslim society. Using a qualitative approach and semiotic analysis, this study dialogues classical and contemporary interpretations of the aurat verses with local cultural narratives. The main literature includes works of Qur'anic tafsir, gender studies in Islam, and Minangkabau symbolic anthropology. The results of the discussion show that bakain duo is not only a symbol of traditional modesty, but also an expression of local interpretation of the Shari'ah of aurat that functions as a marker of female identity. The conclusion of this research emphasizes that local cultural symbols can be a medium of contextual interpretation.
IMPLIKASI YURIDIS DAN TEOLOGIS PERPINDAHAN KEYAKINAN DALAM IKATAN PERKAWINAN : ANALISIS STATUS HUKUM PERKAWINAN PASCA MURTAD Muslih, Muslih; Sayuti, Hendri; Haqq, Muhammad Valiyyul
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.37472

Abstract

This study examines the juridical and theological implications of apostasy (conversion from Islam) within marital bonds in the Indonesian legal context through a comprehensive comparative analysis with international jurisprudence. The research aims to analyze the legal status of marriages post-apostasy by exploring the intersection between religious law principles, state legal provisions, and international human rights frameworks. Using a normative juridical approach with qualitative analysis, this study examines legal materials from 45 religious court decisions across five Indonesian provinces (2018-2023), statutory regulations, and comparative theological perspectives from scholars in the Netherlands, United Kingdom, Egypt, Turkey, and Malaysia. The findings reveal a complex legal dichotomy between theological principles that generally consider apostasy as automatically dissolving the marriage bond (fasakh) and the Indonesian positive law requiring formal judicial processes. This study identifies four distinct patterns in religious court decisions: immediate dissolution upon apostasy, conditional dissolution requiring a waiting period (iddah), maintaining the marriage's validity until formal divorce procedures, and a progressive maqasid-based approach that prioritizes human rights protection. The novelty of this research lies in its integrative framework that synthesizes classical Islamic jurisprudence with contemporary human rights discourse, demonstrating how religious courts negotiate between theological imperatives, constitutional protection of religious freedom, and emerging international standards. The research contributes to legal scholarship by proposing a reformulated legal framework based on maqasid al-shariah principles that balances religious authenticity with protection of civil rights, particularly for women and children affected by marriage dissolution due to religious conversion.
Implementation of Birth Certificate Issuance Following the Issuance of the Regulation on Absolute Responsibility Statements from the Perspective of Maqasid al-Syari'ah Muhammad, Hanifah Salma; Farah, Dena Nabila; Ibrahim, Malik
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.31784

Abstract

The legal relationship between parents and their children is typically evidenced by a birth certificate; therefore, the issuance of a birth certificate for every child is mandatory. This is stipulated in Article 27 paragraphs (1) and (2) of Law Number 23 of 2002 on Child Protection, which explicitly requires that a child’s identity be established from birth and documented through a birth certificate. The Yogyakarta Office of Population and Civil Registration (Dindukcapil Yogyakarta) is the authority responsible for issuing birth certificates for residents of Yogyakarta. One of the primary requirements for applying for a child’s birth certificate is the submission of the parents’ marriage certificate or marriage book. However, if the parents are unable to provide a marriage certificate, they may submit a Statement of Absolute Responsibility affirming the truth of their status as husband and wife. This practice is particularly noteworthy and warrants investigation into how the Statement of Absolute Responsibility regarding marital status is implemented at Dindukcapil Yogyakarta. This research employs a mixed-method approach, combining fieldwork and library research, utilizing the Maqasid al-Shari’ah framework. Data were analyzed using a descriptive-analytical method, with data collected through interviews, observations, and documentation. The findings reveal that the implementation of the Statement of Absolute Responsibility at Dindukcapil Yogyakarta is specifically intended for couples who were married prior to the enactment of Law Number 1 of 1974 on Marriage. From the perspective of Islamic law, this practice aligns with the objectives of Maqasid al-Shari’ah, fulfilling the principles of Hifz ad-Din (preservation of religion), Hifz an-Nasl (preservation of lineage), and Hifz al-Mal (preservation of wealth)
MEREFORMASI PERJANJIAN PRANIKAH DALAM HUKUM KELUARGA MUSLIM INDONESIA: ANTARA LEGITIMASI HUKUM DAN PERLAWANAN BUDAYA Kalamiah, Moh. Jeweherul; Khoir, Ikmalul; Baharuddin, Ahmad Syukran
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38874

Abstract

The reform of prenuptial agreements in Indonesian Islamic family law reveals ongoing tensions between formal legal legitimacy and deep-rooted cultural resistance within society. Using a socio-legal qualitative approach within a normative-critical framework, this study combines analysis of legislation, classical Islamic jurisprudence, and in-depth interviews with religious leaders and Muslim couples in Islamic boarding school communities in East Java. The findings show that community rejection of prenuptial agreements is influenced more by cultural narratives, low legal awareness, and institutional weaknesses than by theological objections in Islamic law. The novelty of this article lies in the development of an integrative analytical framework that combines maqāṣid al-sharī‘ah with socio-legal theories of legal culture and legal awareness to explain the operational failure of Islamic legal instruments that are normatively valid in social practice. Unlike previous studies that tend to separate normative and sociological analysis, this article bridges Islamic legal reasoning with the everyday legal experiences of Muslim communities to identify structural, cultural, and administrative obstacles simultaneously. This study further offers three main reform strategies, namely regulatory simplification, contextual Islamic legal education, and institutional integration, in order to reposition prenuptial agreements as adaptive legal instruments for the protection of rights, the prevention of structural gender inequality, and the strengthening of justice in Islamic family law. Comparisons with practices in Malaysia and Morocco confirm that prenuptial agreements are consistent with Sharia principles when supported by systemic legal and institutional adaptations.
Harmonisation Of Sharia-Based Regional Regulations In Banjarmasin City With The Constitution: A Normative Juridical Study Prasetia, Trenadi; Abdillah, Muhammad Torieq; Mahardika, Ahmad Gelora
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38828

Abstract

This study aims to examine the conformity of sharia-based regional regulations in Banjarmasin City with the 1945 Constitution of the Republic of Indonesia and to formulate harmonization strategies to ensure that such regulations remain consistent with the principles of the rule of law, legal pluralism, and the protection of constitutional rights. This research employs a normative juridical method using statutory, conceptual, and case approaches. The data were collected through a literature review of relevant legislation, sharia-based regional regulations in Banjarmasin City, and legal scholarship, and were analyzed qualitatively using systematic and constitutional interpretation. The findings indicate that several sharia-based regulations contain provisions that potentially conflict with constitutional principles, particularly freedom of religion, equality before the law, and non-discrimination. Although these regulations were enacted based on the aspirations of the local majority and intended to promote morality and public order, their implementation has not fully accommodated societal diversity and constitutional rights. This study proposes harmonization through substantive normative revisions, the application of inclusive legal principles, and the establishment of continuous evaluation and monitoring mechanisms. The results of this research are expected to contribute to policy formulation by local governments in developing regional regulations that are constitutional, equitable, and responsive to legal and social pluralism.
THE EFFECTIVENESS OF PRE-MARITAL COUNSELING FOR PROSPECTIVE COUPLES IN ENHANCING FAMILY RESILIENCE : A STRUCTURED LITERATURE REVIEW Marwah, Andi
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.34783

Abstract

Pre-marital counseling has emerged as an essential tool for fostering strong, resilient marriages by equipping couples with the skills and knowledge needed to address marital challenges. This qualitative study explores the effectiveness of pre-marital counseling, focusing on its impact on communication, conflict resolution, and alignment of shared expectations. Through an in-depth review of case studies and interviews with couples who participated in counseling programs, this research highlights key factors influencing participation, such as accessibility, societal stigma, and awareness.The findings reveal that pre-marital counseling significantly enhances marital satisfaction by improving couples' ability to navigate differences and build mutual understanding. However, barriers such as limited availability of services, financial constraints, and cultural stigmas were identified as significant challenges. Participants emphasized the importance of culturally sensitive and affordable counseling programs, as well as the need for increased public awareness to normalize counseling as a proactive measure.The study concludes that pre-marital counseling is a vital component of marital preparation, contributing to stronger, more stable families. Recommendations include promoting awareness campaigns, implementing policies for mandatory counseling, and enhancing the quality and accessibility of services. These efforts are essential to supporting future couples and ensuring the long-term success of marital relationships.

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