cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kab. kampar,
Riau
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 223 Documents
 19   20   21   22   23 
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.      
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.
The Problematics Of The Dipasiala Customary Marriage Tradition: A Case Study And Its Implications Wijaya, Sandy; Sarkowi, Sarkowi; Tenri, Besse; Zulfahmi, Zulfahmi; Najmii, Muhammad
Hukum Islam Vol 25, No 1 (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.v25i1.31645

Abstract

The Dipasiala tradition is a cultural practice that plays an important role in the Bugis community in Air Solok Batu Village, South Sumatra. However, the application of this custom often leads to divorce when it is done under duress. This study aims to analyse the problems that arise in relation to the Dipasiala custom, as well as to identify the position of the custom from the perspective of urf in the context of Islamic law. The method used is qualitative with in-depth interview techniques and participatory observation, which aims to explore the factors that influence the implementation of the custom, such as changes in social values, tensions between local traditions and Islamic legal principles, and challenges in maintaining cultural heritage in the midst of modernisation. The results of this study show that the theory of ‘urf as a theory in the study of Islamic law sees in terms of its validity that the dipasiala tradition carried out by the Bugis community in Air Solok Village has the potential to fall into the category of ’urf fasid, if the dipasiala tradition is carried out by coercion and the marriage ends in divorce. Then the implications of this research have a significant impact on academics and practitioners of Islamic law in formulating policies that are more sensitive to local cultural values, as well as for the community to maintain the sustainability of this tradition while still considering the principles of justice and harmony with Islamic law. This research also contributes to efforts to maintain the relevance of the Dipasiala tradition in maintaining the cultural identity of the Bugis community in South Sumatra in the era of globalisation.
Kedudukan Dalil Al-Quran dalam Pertimbangan Putusan Sengketa Ekonomi Syariah Elizatun, Elizatun; Mujib, Abdul; Chaerul Firdaus, Muh. Nur Ridho
Hukum Islam Vol 25, No 1 (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.v25i1.37591

Abstract

The purpose of this research is to analyze the position of the Quranic verse in the consideration of the judge's decision and to find out the reasons for the judge to use the Quranic verse as one of the considerations in deciding sharia economic disputes. This research is a descriptive qualitative research with normative juridical method and case approach. The main data source is 20 sharia economic case decisions with a time span from 2015-2025 as a sample selected through purposive sampling technique. The type of data collection used is in the form of writing with literature studies and also communication methods in the form of interviews. The results of this study indicate that the position of the Koran in the consideration of judges' decisions in sharia economic disputes is a binding legal norm, but there is no obligation to include it. This means that the Quranic argument is only a complement to the judge's argument. However, even though there is no obligation to include it, a religious court judge is obliged to decide cases based on Islamic law, either using the Fatwa DSN MUI or KHES which is an applied law based on the arguments of the Koran. Then, the reason why judges use Quranic verses as one of the considerations in deciding sharia economic disputes is to strengthen the legal basis used in the decision and provide transparency and clarity regarding sharia principles.
Determining The Auspicious Day Of A Marriage Ceremony Using “Titen Science”: An ‘Urf Perspective In Andongsari, Jember Tamam, Badrut; Krisnawati, Devi; Junaidi, Ahmad; Rato, Dominikus; Waeno, Mahammadaree
Hukum Islam Vol 25, No 1 (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.v25i1.36034

Abstract

This study aims to examine the tradition of determining the auspicious day before a marriage contract using titen science from the perspective of ‘urf in Andongsari Village, Ambulu Sub-district, Jember Regency. Ilmu titen, as part of Javanese customs, is a method based on custom and observation of past events (niteni), which is used to determine the right time for important events such as marriage. This research uses empirical legal method with legal sociology approach and conceptual approach. Data were obtained through interview, observation, and documentation techniques, with primary and secondary sources. The results show that although this tradition is highly upheld by the local community, the practice of determining a good day does not contradict the provisions of Islamic law. The pillars and conditions of marriage are still fulfilled, so this tradition can be seen as part of an effort to preserve Javanese cultural customs that are harmonious with Islamic teachings. The implications of this research show that the implementation of titen science not only helps maintain local wisdom, but also strengthens social and cultural harmony in the Andongsari Village community, which is predominantly Muslim.
The Abolition Of The Presidential Threshold From The Perspective Of Fikih Siyasah (A Study Of Constitutional Court Decision No. 62/Puu-Xxii/2024) Yusrizal, Navis; Nuraini, Ririn
Hukum Islam Vol 25, No 1 (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.v25i1.36672

Abstract

This study examines whether Constitutional Court Decision No. 62/PUU-XXII/2024, which abolishes the presidential threshold for presidential and vice-presidential candidates, aligns with concepts in fiqh siyasah. Using qualitative library research and a descriptive-analytical method, the analysis applies the fiqh siyasah framework to assess the decision. The findings reveal that the abolition reflects the principle of al-Musawah—equality of rights for all citizens—an essential element in Islamic political thought. This concept includes both civil and constitutional rights, supporting inclusive political participation. The study also highlights scholarly views that the hadith restricting leadership to the Bani Quraish is no longer applicable. Therefore, the Court’s ruling aligns with Islamic jurisprudence, aiming to guarantee equal access to constitutional rights for all, without lineage-based restrictions. In conclusion, the decision mirrors the goals of fiqh siyasah by promoting equality and inclusivity within the democratic process in accordance with Islamic political values.
A Review Of Islamic Criminal Law On The Crime Of Military Desertion Anjani, Meisarah Tri; Iwan, Iwan
Hukum Islam Vol 25, No 1 (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.v25i1.36992

Abstract

Desertion is one of the most common military cases tried in Indonesian military courts. So that this has a negative impact, both on the military unit, society, and the state. The increase in desertion cases raises a perspective that the positive law governing criminal sanctions for desertion does not have a deterrent effect or preventive effect on military personnel. Therefore, the purpose of this research is to examine military desertion in the perspective of Islamic criminal law with a focus on the form of desertion crime, its causative factors, and criminal sanctions. This research uses a normative research method (legal research) with a comparative approach. The results of this study indicate that desertion in positive law is a pure criminal offense things only military personnel have the ability of committing. Whereas in Islamic criminal law, desertion can apply to all believers, unless there is an excuse that makes it not obliged to jihad. The criminal sanction for desertion in positive law is in the form of imprisonment and can also be coupled with punishment in the form of dismissal from military service. While in Islamic criminal law, the criminal sanction is in the form of ta'zir punishment in the form of social sanctions, such as perpetrators who run away from the battlefield are prohibited from talking to all Muslims for fifty days. Based on several opinions of fiqh scholars, ta'zir punishment aims to dissuade the offender and prevent the occurrence of a prohibited act.
THE DIVISION OF PARENTAL INHERITANCE BEFORE DEATH FROM THE PERSPECTIVE OF NIKLAS LUHMANN'S SOCIAL SYSTEM THEORY Hidayat, Muhamad Ichsan; Jamaludin, Nurrun; Alimuddin, Khasan; Maulidya, Qotrunnada Sofy
Hukum Islam Vol 25, No 1 (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.v25i1.34613

Abstract

This research is motivated by the practice of distributing inheritance from parents to children before the parents die, which is widely practiced by the people of Kauman Kidul Village, Sidorejo District, Salatiga City. This culture shows a shift in values from the provisions of Islamic inheritance law and positive law which requires distribution to be carried out after the death of the testator. The purpose of this study is to determine the factors behind the occurrence of this practice and to understand its meaning as part of the social system of society. This research is a field study with a sociological approach and uses Niklas Luhmann's social system theory as an analytical tool. Data were collected through interviews with three local community leaders who were selected purposively and analyzed with the stages of data reduction, data presentation, and conclusions. The results of the study show that the distribution of assets is carried out through deliberation in the family and is often divided equally without distinguishing gender, although in some cases the eldest child or child who is not yet established gets a larger share. This practice is motivated by the desire to avoid family conflict and accelerate the child's ability and independence. From the perspective of social systems theory, this culture is a form of autopoietic family communication that is adaptive to social complexity, and reflects the function of the family in maintaining social harmony and stability.

Page 22 of 23 | Total Record : 223

 19   20   21   22   23 

Filter by Year

2013 2025


Reset
Filter By Issues
All Issue Vol 25, No 1 (2025): Islamic Law Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW Vol 24, No 1 (2024): ISLAMIC LAW Vol 23, No 2 (2023): HUKUM ISLAM Vol 23, No 1 (2023): HUKUM ISLAM Vol 22, No 2 (2022): HUKUM KELUARGA SOSIOLOGIS-ANTROPOLOGIS Vol 22, No 1 (2022): HUKUM KELUARGA DAN MUAMALAH Vol 21, No 2 (2021): PROBLEMATIKA HUKUM KELUARGA DAN EKONOMI SYARI'AH Vol 21, No 1 (2021): PROBLEMATIKA HUKUM KELUARGA DAN EKONOMI SYARI'AH Vol 20, No 2 (2020): PROBLEMATIKA HUKUM KELUARGA DAN EKONOMI SYARI'AH Vol 20, No 1 (2020): PROBLEMATIKA HUKUM KELUARGA DAN EKONOMI SYARI'AH Vol 19, No 2 (2019): HUKUM TATA NEGARA, KELUARGA DAN EKONOMI SYARIAH Vol 19, No 1 (2019): HUKUM TATA NEGARA, KELUARGA DAN EKONOMI SYARIAH Vol 18, No 2 (2018): Hukum Ekonomi dan Hukum Keluarga Syariah Vol 18, No 2 (2018): Hukum Ekonomi dan Hukum Keluarga Syariah Vol 18, No 1 (2018): HUKUM KELUARGA DAN EKONOMI SYARIAH Vol 17, No 2 (2017): Hukum Keluarga dan Ekonomi Syariah Vol 17, No 1 (2017): PROBLEMATIKA HUKUM KELUARGA Vol 16, No 2 (2016): VOL 16 NO. 2 (2006) NOPEMBER 2016 Vol 16, No 1 (2016): VOL 16 NO. 1 (2006) JUNI 2016 Vol 15, No 1 (2015): VOL 15, NO 1 (2015): JUNI 2015 Vol 15, No 2 (2015): Hukum Islam, Vol. XV No. 1 Nopember 2015 Vol 14, No 2 (2014): Vol 14, No 2 (2014) Nopember 2014 Vol 14, No 2 (2014): Vol 14, No 2 (2014) Nopember 2014 Vol 14, No 1 (2014): Vol 14, No 1 (2014): Juni 2014 Vol 13, No 2 (2013): Nopember 2013 Vol 13, No 2 (2013): Nopember 2013 Vol 13, No 1 (2013): Juni 2013 More Issue