JURNAL MAHKAMAH
Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, Dosen, Peneliti, Guru, Mahasiswa dan LSM untuk berpartisipasi dalam mengembangkan wacana Ilmu Hukum dan Hukum Islam yang humanis dengan karyakarya aspiratif, progresif, integratif dan interkonektif.
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<![CDATA[Legalization of Pre-Marriage Agreement Pandhābā from Islamic Law Perspective ]]>
<![CDATA[Hosen Hosen]]>;
<![CDATA[Moh. Faizi]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 5 No 2 (2020): Jurnal Mahkamah: Kajian Ilmu Hukum Dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v5i2.1017
<![CDATA[The pre-marriage pandhābā legalization in Bakeong Village, Guluk-Guluk, Sumenep is a procession of efforts to free a pandhābā child from bad luck and all forms of distress in his life which are carried out before the marriage ceremony procession. There are two objectives in this research; first, to find out the procession of implementing the tradition, and the second how was the view of Islamic law on the tradition. The research used a normative-qualitative approach with a type of case studies. Collecting data through unstructured interviews, non-participant observation and documentation. Data were analyzed using deductions, presentations and conclusions deductively. Data sources were from people who understood and were directly involved in the implementation, and from other records relating to the object of research. The research results were, firstly; In the pandhābā legalization procession there were several stages, such as attributes (sesajen) to be used, rasolan and khatmil Qur`ān, and bathing the pandhābā children with the water of seven wells and campoan mixed with flowers. Second; this research of Islamic law toward the tradition is not found any deviation. Even this tradition can be said to be sunnah to do, because it was full of Islamic teachings such as alms and pray together.]]>
<![CDATA[Sumando Inheritance to Natal Muslim Community, Mandailing Natal District (Comparative Study of Islamic and Customary Law) ]]>
<![CDATA[Muhammad Hasan Nasution]]>;
<![CDATA[Syahmedi Siregar]]>;
<![CDATA[Muhammad Yadi Harahap]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 5 No 2 (2020): Jurnal Mahkamah: Kajian Ilmu Hukum Dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v5i2.1028
<![CDATA[Sumando is the joining of a husband to his wife’s family after the marriage. In the Natal District community system, a marriage bond will create inheritance. The difference is, the distribution of inheritance is carried out based on custom where women are the heirs. Daughters as the successors of descendants receive honor in various customary events, including in the distribution of inheritance. If this is viewed from the Islamic inheritance law system, this surely seems contradictory. This is because in Islam, the share of men heirs is twice as much as that of women. This research was a descriptive analysis with qualitative methods. This research showed that women in Sumando society are prioritized to get inheritance, but men were also if the inherited property was in the form of money, not goods. The Sumando indigenous people of Natal District still upheld the matrilineal system. Meanwhile, the distribution of inheritance based on Islamic law was patrilineal-martilineal. This meant that men and women have the right to inherit according to the provisions of their respective sections.]]>
<![CDATA[Absolute Competency Problems in Settlement of Mortgage Rights Execution Disputes of Islamic Banking in Religious Courts ]]>
<![CDATA[Ricky Riyyano]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 5 No 2 (2020): Jurnal Mahkamah: Kajian Ilmu Hukum Dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v5i2.1029
<![CDATA[Banking activities, especially credit/financing transactions, apart from the existence of trust between creditors and debtors, also require guarantees that have a high liquidity value in the form of material guarantees and individual guarantees. The District Court does not have the authority to resolve sharia economic disputes in any form, including the execution of the object of mortgage rights in Islamic banking which has issued Constitutional Court Decision Number 93/PUU-X/2012. If the ruling or decision issued by the district court is related to implementation the object of mortgage rights in sharia banking, then the stipulation or decision is not valid, this is because there is no regulation between the old law and the new law. This research used a normative juridical approach which was carried out through analysis obtained from library materials linked to statutory regulations and the concept of legal experts as the basis for research. The result of this research was that harmonization emphasized more on equating perceptions of the implied meaning without making editorial changes. Reconstruction of norms, including improving old laws or making new laws by changing the editorial staff of articles that still contain contradictions.]]>
<![CDATA[The Contextualization of Islamic Law Paradigms in the Pandemic Time Covid-19 as the Word of Religious Moderation ]]>
<![CDATA[Abdur Rahman Adi Saputera]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 5 No 2 (2020): Jurnal Mahkamah: Kajian Ilmu Hukum Dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v5i2.1074
<![CDATA[This study aims to investigate and analyze the adaptive and contextualization values of Islamic law during the Covid-19 pandemic, in order to occupy a more dynamic concept of religious moderation from a paradigm or thought perspective, by applying a design in the form of research (Library Research) using various library sources as the source of research data, it also applied a descriptive-normative approach to describe the pandemic as a real phenomenon, and began from the building as the source of the primary and secondary data to support, to be further processed using Fatwa No. 14 of 2020 and the Principles of Fiqhiyyah as a knife of analysis through the Descriptive Analytic Method Content process. The conclusions are drawn by applying inductive and deductive thinking methods. The contextualization effort in question is a form of embodiment of the value of religious moderation in a textual dichotomy but essentially integrates the moderation paradigm that has been popular so far focused in the washatiyah study discourse or only in tolerance between fellow of religious communities. The reflection of the paradigm of Islamic law during the pandemic period is to produce an ijtihad that commonly configures and elaborates normative texts with a progressive interpretation mode, as well as mediating and harmonizing the interrelation and domination of texts against existing realities, so that they actually produce an actual understanding as well as reflect the principles of Islamic law that is flexible, complete, and beneficial.]]>
<![CDATA[The Development of Family Law Materials in Bahtsul Masail Nadhlatul Ulama ]]>
<![CDATA[Agus Setiawan]]>;
<![CDATA[Ibnu Akbar Maliki]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 5 No 2 (2020): Jurnal Mahkamah: Kajian Ilmu Hukum Dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v5i2.1162
<![CDATA[Family law has a very important position in Islam. Its position as the core of sharia is related to the assumption that family law is a gateway to understanding more about Islam. The reform of Islamic family law in Indonesia has gone through a long and long process. In the process of its formation, the material for family law in Indonesia was taken from various sources, such as fiqh books, fatwas, and other sources of Islamic law. Nahdatul Ulama (NU) is one of the Islamic organizations in Indonesia that has contributed to the development of Islamic family law material. One of NU's real contributions in enriching material on Islamic family law in Indonesia is through the Lajnah Bahtsul Masail (LBM) forum. This paper will discuss the development of family law materials through the Lajnah Bahtsul Masail forum. This paper is the result of qualitative research. Sources of data in this study consisted of primary and secondary data. Analysis of the data in this study using content analysis method. Bahtsul masail as the collective ijtihad of NU members has made a real contribution to the development of Islamic family law material in Indonesia. Various new phenomena that arise both due to technology and cultural differences have received fiqh answers through bahtsul masail. This is indicated at least by the similarities between several legal decisions and the marriage law in Indonesia.]]>
<![CDATA[Trade Secret Protection as Part of Intellectual Property System: a Comparative Study of Indonesian and United States of America Trade Secret Law ]]>
<![CDATA[Monica Yesica Febrina]]>;
<![CDATA[Sardjana Orba Manullang]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 5 No 2 (2020): Jurnal Mahkamah: Kajian Ilmu Hukum Dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v5i2.1189
<![CDATA[Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreement and Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition, protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examines the comparison of intellectual property protection laws specifically regarding trade secrets with laws in United States. The purpose of this comparative normative study to examine the extent to which the Trade Secret Act can be effective in its application as can be applied in the Supreme Court Decision.]]>
<![CDATA[The Benefit Principles of Istibdāl on Wakaf Objects ]]>
<![CDATA[Moh Mujibur Rohman]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 6 No 1 (2021): Jurnal Mahkamah: Kajian Ilmu Hukum dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v6i1.1246
<![CDATA[The concept of waqf in fiqh is Islamic philanthropy in the form of amal Jariyah which requires the eternal characteristics of the object given. However, with the development of the era of waqf objects, it will be reduced mainly in property waqf. So that in order to keep the waqf objects productive, istibdāl is carried out in order to remain productive on the basis of mashlahah. To find the mashlahah principles in istibdāl, the author conducted a research of the boundaries of the mashlahah by al-Būthi. This research would not be far from the formulation of the problem that the author intended to find the answer; 1) what is the concept of istibdāl in fiqh and Indonesian representation? 2) What is the procedure for istibdāl waqf in the context of Indonesian waqf fiqh?; 3) How is the construction of mashlahah principles in istibdāl waqf practice based on dhawābithal-mashlahah al-Būthi? The research conducted was a normative research (doctrina), where the data used were secondary sources (not in the field) in the form of books of fiqh and legislation. From the data obtained, the authors conducted a descriptive analysis. The results showed that the permissibility of istibdāl waqf based on the mashlahah principle that must be fulfilled, that is, it must be in a state of dharurah, for urgent religious purposes, for the general public, there is an inadequacy, through the agreement of wāqif and nazhir, replaced at least with the same, the object of waqf is examined with involving figures and several elements of society as well as following the provisions of the Shari'ah and applicable laws.]]>
<![CDATA[The Use of Pirated Software During the Covid-19 Pandemic from Maqashid Shari’ah Perspective ]]>
<![CDATA[Wahyu Sanjaya Putra]]>;
<![CDATA[Nurhayati Nurhayati]]>;
<![CDATA[Ramadhan Syahmedi Siregar]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 6 No 1 (2021): Jurnal Mahkamah: Kajian Ilmu Hukum dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v6i1.1258
<![CDATA[The current Covid-19 pandemic has resulted in economic problems, but on the other hand, learning must still be carried out using computer or laptop technology that has software in it. The problem discussed in this article was how the law used pirated software during the Covid-19 pandemic. This research used a qualitative approach by interviewing students at the State Islamic University of North Sumatra. According to the results of the author’s research, it showed that this pandemic condition has changed the learning system from offline to online which had a huge impact on all levels of society. Copyright regulation and software requirements were needs that have reached the dharuri level and were included in the maqashid Sharia which aimed to maintain reason and protect human property so that they were not trapped and were not left in ignorance. Therefore, the result of this research was that the use of pirated software during the COVID-19 pandemic was permissible due to the pandemic period that has greatly changed the economic system of human beings, and will return to the original law, which was haram (forbidden) when this pandemic period ended, and the economy was back on its feet.]]>
<![CDATA[The Age Limit for Marriage in Brunei Darussalam in Maslahah and Legal Politics Perspectives ]]>
<![CDATA[Liky Faizal]]>;
<![CDATA[Abd Qohar]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 6 No 1 (2021): Jurnal Mahkamah: Kajian Ilmu Hukum dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v6i1.1334
<![CDATA[Brunei Darussalam which embraces Islamic law reform must be carried out in line with what is the goal of Islamic law itself, which is to fulfill the demands of the instincts of human life, and must be based on maslahah which is in line with the principles of maqoshid al-shari'ah and in accordance with the objectives law in the legal system. The formulation of the problem in this article was related to the age limit of marriage in Brunei Darussalam in the perspective of law and politics. The purpose of this research was to understand the legal and political review of the legal determination of the age limit of marriage in Brunei Darussalam. The research type was library research, by collecting data obtained from library research sourced from several books, theses, journals and articles related to the title to be discussed. This research used a juridical, normative, philosophical, and historical approach that served as the answer and solution to the problems that exist in the community and state. The results of this research were that the application of the concept of maslahah to the minimum age limit for marriages in Brunei Darusslam had not been carried out optimally because the country had local wisdom that was still considered in accordance with the context of their respective countries. In the political perspective of legal regulations the minimum age of marriage in Brunei Darussalam still needed to be improved in its justice, legal certainty, and legal usefulness.]]>
<![CDATA[Clearing Mechanism in Sharia Banking According to Al-Ghozali and Muhammad Nejatullah Siddiqi Thoughts ]]>
<![CDATA[Bustanul Arifin]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 6 No 1 (2021): Jurnal Mahkamah: Kajian Ilmu Hukum dan Hukum Islam ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia ]]>
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DOI: 10.25217/jm.v6i1.1364
<![CDATA[This research intended to look at the clearing mechanism in the viewpoint of classical and contemporary Islamic thought that in Islamic law the clearing is identical to term “wakalah” (granting power of attorney) because in wakalah, the customer authorized the bank to represent himself to perform certain service work with various mechanisms stated in the Regulation of Bank Indonesia. An important issue in this paper contained philosophical aspects of the clearing application in sharia banking. This research was reviewed by qualitative method with library research with philosophical approach. The results obtained as follows: The thoughts of Al-Ghozali and Muhammad Najetullah As-Shiddiqy were said to be relevant to the clearing mechanisms in sharia banking today. With the maslahah (welfare) concept of Al-Ghozali, which was the core of some of the five basic objectives (religion, life, response/reason, descendants and property). The concept of maslahah (welfare) for the community welfare, the clearing mechanism used in conventional banks can be used in Sharia banking by having wakalah agreement. While the neoclassical approach (a combination of the new model and the classic model), Muhammad Najetulloh As-Shiddiqy, in which although there was a new method, he still used the old method without erasing all the results of the analysis of the previous figures. Therefore, this approach can also be said to be relevant to the clearing mechanism in sharia banking.]]>
