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Hukum Islam
ISSN : 14118041     EISSN : 24430609     DOI : -
Core Subject : Social,
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 235 Documents
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.
EQUALITY OF RIGHTS AND OBLIGATIONS OF HUSBAND AND WIFE IN THE KINSHIP SYSTEM: AN INDONESIAN POSITIVE LAW PERSPECTIVE Nurdiansyah, Putra Pandu Dinata; Izzuddin, 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.v24i1.30980

Abstract

The purpose of this research is to look at how the rights and obligations of husband and wife are applied in the kinship system in Indonesia from the perspective of positive law. This research will also evaluate the extent to which positive law can ensure this equality and find obstacles that hinder it. The research in this article uses normative legal research methodology, it aims to find legal rules, principles, and theories to solve legal problems. The research approach of this article uses a statutory approach. The results show that in forming a fair and harmonious family, couples must have equal rights and obligations. Gender equality in the family sphere can be achieved with a strong commitment from the community, government, and law enforcement agencies. This will greatly benefit all Indonesian people. As a country that is rich in diversity and has various kinship systems such as patrilineal, matrilineal, and parental, the implementation of equal rights and obligations between married couples is what is aimed for in positive law. While each system has its own characteristics, the goal of Indonesian law is to ensure that both husbands and wives can lead equal and fair lives. This is part of a larger effort to create a society that respects and protects the rights of everyone regardless of gender, but it also shows how important it is for the understanding between adat and positive law to achieve the goal of equal rights and obligations between spouses by understanding and applying the principle in various contexts. The implications of this show that equal rights and obligations of husband and wife in the kinship system in Indonesia need an important role from the community, government, and law enforcers in harmony between adat and positive law
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.
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
CELIBACY (TABATTUL) IN THE PERSPECTIVE OF ISLAMIC LAW Nelli, Jumni; Dilla, Rahma
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.v24i1.27818

Abstract

           Penelitian ini bertujuan untuk memberikan jawaban tentang polemik atau bagaimanakah ketentuan hukum tabattul (membujang) dan juga analisa dampak tabattul dari segi sosial, agama, kejiwaan, dan lainnya. Penelitian ini termasuk jenis penelitian pustaka (library research), dengan metode kualitatif. Analisis data melalui pendekatan analisis kritis deskriptif untuk menghasilkan sebuah kesimpulan. Hasil penelitian ini menyimpulkan bahwa Tabattul (membujang) dalam pandangan hukum Islam itu dikembalikan kepada asas atau pokok hukum dalam menikah, sebagaimana hukum menikah merupakan sunnah Rasul dalam bentuk ibadah kepada Allah, adapun hukum menikah itu wajib kepada seseorang yang sudah membutuhkan serta hasrat untuk menikah dengan catatan mampu, namun apabila seseorang tidak ada hasrat untuk menikah maka hukum yang berlaku atasnya adalah sunnah, dalam arti tidak diwajibkan atasnya untuk menikah. ataupun haram bagi seseorang dilihat dari alasan dan latar belakang seseorang yang akan menjalaninya. Terlepas dari itu menolak menikah dengan alasan ekonomi juga tidak dibenarkan, hal ini karena Allah SWT dalam firmannya telah menjamin kemampuan ekonomi bagi seseorang yang menikah. Seseorang yang tidak mau menikah dengan alasan yang  jelas  adalah sangat merugikan dirinya sendiri dan lingkungannya seperti dari segi kesehatan, sosial, agama, dan lain sebagainya.
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.   
THE ANALYSIS OF ISLAMIC FAMILY LAW ON PARENTING PATTERNS AT AL-IKHLAS ISLAMIC BOARDING SCHOOL TALIWANG AS A FORM OF CHILD RIGHTS PROTECTION Nafisah, Fiddha; Tahir, Masnun
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.v24i1.32693

Abstract

This study analyzes the aspects of family law in Islam related to parenting in Islamic boarding schools as a form of protection of children's rights, with a case study at Al-Ikhlas Islamic Boarding School, Taliwang District, West Sumbawa Regency. This research focuses on two main aspects, namely how the parenting style in the Al-Ikhlas Islamic Boarding School is applied and how the Islamic family law analyzes the parenting style. Using a qualitative research approach with empirical methods, data were collected through interviews, observations, and documentation. The results of the study show that the parenting style at the Al-Ikhlas Islamic Boarding School involves 24-hour parenting as a means of education and the implementation of the "Demerit Point" system which functions as a step to protect children's rights by replacing physical punishment with educational punishment. This parenting style is considered to be in accordance with Islamic teachings that prohibit acts of violence, although there are still cases of violence that are still handled seriously.
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
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
POLICY ANALYSIS OF UMAR BIN ABDUL AZIZ IN BUILDING FAMILY RESILIENCE zuraidah, zuraidah; Alaiddin, Alaiddin; Aslati, Aslati
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.v24i1.25735

Abstract

Family is the society life cells which are the main foundation for generations’ development and continuity.  Umar Bin Abdul Aziz's leadership model, a famous caliph during the Umayyad caliphate, emphasizing the leadership based on Islamic principles which aimed to build family resilience in society.  Umar bin Abdul Aziz's leadership pattern certainly brought values and messages for ideal family education.  This research aimed at analyzing Umar bin Abdul Aziz's leadership model in the context of building family resilience on the perspective of Islamic family law.  This research used a qualitative approach with analyzing historical documents and literature about the life and policies of Umar bin Abdul Aziz related to family and society. The research findings showed that Umar bin Abdul Aziz's policy in building family tenacity was reflected in his leadership style example, achievements and services which were often referred to as the fifth of Khulafaur Rasyidin. Umar bin Abdul Aziz's policy analysis in building family resilience during his reign as caliph played an important role in strengthening family institutions in Islamic society.  These policies reflected to Islamic principles that promoted justice, protection and empowerment of families. Among these were such as providing assistance to poor families, empowering the family economy and eliminating the tax burden, and protecting the rights of women and children. By understanding Umar bin Abdul Aziz's method for building family resilience, it is hoped that we can draw inspiration and valuable lessons that can be applied in the context of modern family life.

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