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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 223 Documents
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THE ROLE OF DEWAN MASJID INDONESIA OF DKI JAKARTA IN REVITALIZING MOSQUE FUNCTIONS IN THE MODERN ERA BASED ON THE PERSPECTIVE OF MAQASID SYARIAH Al Hakim, Farrez; Maulidizen, Ahmad
Hukum Islam Vol 24, No 1 (2024): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i1.29109

Abstract

The burgeoning Muslim population in Indonesia has led to the construction of numerous mosques, yet their proliferation hasn’t significantly impacted community welfare as expected. Dewan Masjid Indonesia, established to foster mosques as centers for worship, community development, and unity, seeks to revitalize their role in modern society. This research delves into the strategies employed by Dewan Masjid Indonesia of DKI Jakarta to achieve this objective. Employing a qualitative descriptive approach, the study utilizes primary data collection methods such as observation, interviews, and documentation, supplemented by a review of existing literature. Data analysis follows Miles and Huberman’s model, involving data reduction, presentation, and conclusion drawing. Findings reveal the implementation of various programs aimed at mosque revitalization, though significant impact remains elusive due to the nascent stage of these initiatives. Recommendations include the recruitment of competent, young members to strategic positions within the council and prioritizing budget allocation towards digital data management and security. By addressing these areas, the council can enhance its effectiveness in revitalizing mosque functions and better meet the evolving needs of the Muslim community in Jakarta. This research contributes to the understanding of mosque management strategies in contemporary Indonesia and provides insights for enhancing the role of mosques in societal development
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.
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.
BABY BLUES SYNDROME AND LEVELS OF HOUSEHOLD HARMONY: ISLAMIC FAMILY LAW CONCEPT Asmita, Sri; Fathimah, Ema; Syarudin, Ahmad Zazili
Hukum Islam Vol 24, No 1 (2024): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i1.28480

Abstract

The trauma experienced by women after childbirth often leads to baby blues syndrome, which shows that the shock after childbirth can affect the physical and psychological changes of a woman. This paper aims to examine and analyse the phenomenon of baby blues syndrome experienced by postpartum women, which can affect family harmony and resilience, especially in the concept of Islamic family law. The study in this paper is descriptive qualitative. The data is collected through a library research approach and through the process of reading and searching on the Google search engine with the keywords "baby blues syndrome". This paper shows that baby blues syndrome experienced by postpartum women can be present in the form of trauma and acts of violence both to themselves and to children and even affect household harmony, even in the concept of Islamic Family Law, it is important to remember that a loving, understanding, and supportive attitude towards wives who experience baby blues syndrome is part of the responsibility of husbands and families in carrying out their respective roles. This is evidence that mental readiness before having a child is needed by a wife. This study shows that the baby blues condition is the cause of the breakdown of a family so that a comprehensive study of the phenomenon of baby blues syndrome is needed, which is expected to minimise the occurrence of baby blues syndrome in the household, so that family resilience can be maintained.
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.
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.
Analysis of Baganyi Tradition in the Perspective of Munakahat Jurisprudence: Husband-Wife Conflict Resolution in Minangkabau Society Rahmi, Yulia; Firdaus, Beni; Yenti, Endri
Hukum Islam Vol 24, No 1 (2024): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i1.31329

Abstract

This study aims to examine the baganyi tradition from the perspective of fikih munakahat, with an emphasis on social and legal dynamics in Minangkabau culture. The initial aim is to understand how baganyi affects the position of wives and children and how Minangkabau customs apply customary values with Islamic legal principles to resolve disputes within the family. This research uses a qualitative descriptive methodology by interviewing family members and looking at how Minangkabau families resolve conflicts. The results show that the baganyi tradition is a form of peaceful effort made by the women of the wife's family to return the husband who left home. This process involves several stages, starting from individual problem solving between husband and wife, then solving between two families with the help of ninik mamak and bundo kanduang. This research also found that the manjapuik sumando yang baganyi custom has a philosophy behind picking up the husband, which is to perfect or repair the rift in the husband-wife relationship. The implication of this research is the importance of integration between customary values and the principles of Islamic law in resolving husband-wife conflicts. Minangkabau custom with the baganyi tradition shows that the intervention of ninik mamak and bundo kanduang can help restore harmony in the household. It also shows that the status of the wife and children must be prioritized in the process of resolving husband-wife problems, so as to reduce the divorce rate and improve family welfare. Thus, this research contributes to a deeper understanding of the baganyi tradition and the importance of Minangkabau customs in overcoming marital problems, as well as its legal implications in the context of fiqh munakahat.
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.
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.
THE LEGAL POSITION OF ILLEGITIMATE CHILDREN AFTER THE CONSTITUTIONAL COURT DECISION NUMBER 46 OF 2010 AND ITS APPLICATION IN RELIGIOUS COURTS Guspita, Devika Rosa; Aemanah, Ummu
Hukum Islam Vol 24, No 1 (2024): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i1.21738

Abstract

AbstractChildren alre the result of al biologicall relaltionship between men alnd women The position of the child is very dependent on the vallidity of the palrents' malrrialge. In Indonesial, there alre alt lealst two models of malrrialge thalt alre recognized by society, nalmely malrrialge thalt registered alnd unregistered malrrialges. In Indonesial, the position of children in falmily lalw caln be caltegorized into two types, viz legitimalte children alnd illegitimalte children. The definition of al legitimalte child is regulalted in Alrticle 42 of Lalw Number 1 of 1974 concerning Malrrialge which realds: "Al legitimalte child is al child born in or als al result of al vallid malrrialge". This is explalined in Alrticle 99 Compilaltion of Islalmic Lalw which realds: "Legitimalte children alre: (al) born children in or als al result of al vallid malrrialge (b) the result of the legall alcts of al husbalnd alnd wife outside the womb alnd born by the wife". Mealnwhile, in the opinion of Albid, et all., which stalted thalt Whalt is mealnt by al child out of wedlock is al child who is fertilized alnd born out of wedlock vallid. Resealrchers use quallitaltive resealrch, with al libralry resealrch alpproalch. Literalture study is al series of alctivities relalted to daltal collection methods libralry, realding alnd talking notes alnd processing resealrch malterialls. The realsons resealrchers use This resealrch method is to strengthen the philosophicall foundaltion of religious literalcy. This alrticle is strengthened in the Compilaltion of Islalmic Lalw which staltes thalt children born out of wedlock only halve falmily relaltions with his mother alnd his mother's falmily, the consideraltion of such aluthority becomes unfounded becaluse the alrticles thalt were driven by the palnel of judges did not tallk albout aluthority issues judicialry, but tallking albout the issue of children's rights. The legall staltus of children outside of malrrialge alnd the outcome of Sirri's malrrialge is it is obvious thalt the child only hals al civil relaltionship with his mother. Implementaltion of the Constitutionall Court Decision Number 46 of 2010 regalrding the Staltus alnd Legall Position of Children Out of Wedlock alnd the Results of Sirri's Malrrialge in Court Religion caln be alpplied in two walys: First, through the aluthority of the Religious Courts Outside the Lalw on Religious Courts. Alnd secondly, through the alpplicaltion of progressive legall theory, so thalt the judge's decision does not tend to be formallistic alnd rigid, the consequences alre not reflective justice so thalt it needs to be combined with responsive or progressive lalw. Key words: Constitutionall Court Decision, Children Out of Wedlock, Children from Sirri's Malrrialge

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