Jurnal Hukum Islam最新文献_第6页

LATAR BELAKANG LAHIRNYA UNDANG-UNDANG PERKAWINAN INDONESIA NOMOR 1 TAHUN 1974 (UUP)

Jurnal Hukum Islam Pub Date : 2022-01-03 DOI: 10.24014/jhi.v21i1.11616

Wazni Azwar

引用次数: 0

ANALISIS KEBIJAKAN PEMERINTAH KOTA PEKANBARU TENTANG MASJID PARIPURNA PERSPEKTIF SIYASAH DUTURIYYAH PEKANBARU城市政策分析PARIPURNA清真寺的SIYASAH dutouyyah观点

Jurnal Hukum Islam Pub Date : 2022-01-03 DOI: 10.24014/jhi.v21i2.11519

Ayu Azkiah

引用次数: 0

KONSEP RUKHSAH SEBAGAI PERWUJUDAN ISLAM AKOMODATIF; KAJIAN KAIDAH HUKUM ISLAM

Jurnal Hukum Islam Pub Date : 2022-01-03 DOI: 10.24014/jhi.v21i2.14646

Z. Zulfahmi

引用次数: 1

Application of Inheritance Law in Minangkabau According to Islamic Law 依伊斯兰教法的继承法在米南卡保的适用

Jurnal Hukum Islam Pub Date : 2021-12-21 DOI: 10.28918/jhi.v19i2.5087

Rahmadanil Rahmadanil, Rifka Zuwanda

引用次数: 1

Cryptocurrency as Investment in Commodity Futures Trading in Indonesia; Based on MaqÄsÌ£id al-SharÄ«â€™ah Approach 加密货币作为印度尼西亚商品期货交易的投资；基于马™ah方法

Jurnal Hukum Islam Pub Date : 2021-12-20 DOI: 10.28918/jhi.v19i2.3723

Achmad Fageh, Aldi Khusmufa Nur Iman

{"title":"Cryptocurrency as Investment in Commodity Futures Trading in Indonesia; Based on MaqÄsÌ£id al-SharÄ«â€™ah Approach","authors":"Achmad Fageh, Aldi Khusmufa Nur Iman","doi":"10.28918/jhi.v19i2.3723","DOIUrl":"https://doi.org/10.28918/jhi.v19i2.3723","url":null,"abstract":"Lately, cryptocurrency investors and transactions in Indonesia are thriving, the number of crypto asset investors as of the end of February 2021 has reached 4.2 million people, which exceeds the number of stock investors in Indonesia. This study aims to determine specifically cryptocurrency as an investment in commodity futures trading in Indonesia using the MaqÄsÌ£id al-SharÄ«â€™ah approach. This research uses a qualitative approach. The data collection technique used is literature study by collecting data from previous studies in the form of documentation of articles, journals, or books as well as publication data from other parties. The data analysis techniques used were data reduction, data presentation, and concluding, from the collected data analyzed through SWOT analysis (strengths, weaknesses, opportunities, and threats) then continued using the MaqÄsÌ£id al-SharÄ«â€™ah approach (MasÌ£lahÌ£ah and Mafsadah). The results show that cryptocurrency technology with blockchain can indeed be recognized as an excellent revolutionary technology, but the position of cryptocurrency as an investment in commodity futures trading contains an element of gambling because it contains high speculation and is gambling by taking advantage of the level of volatility. In addition, cryptocurrencies are prone to be used by illegal practices such as money laundering, so that when compared to MasÌ£lahÌ£ah and Mafsadah it contains greater Mafsadah.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44494721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Repetition of the Marriage Contract (Shihhah) in the Rifaiyahâ€™s Tradition 犹太教传统中婚姻契约(shihah)的重复

Jurnal Hukum Islam Pub Date : 2021-12-12 DOI: 10.28918/jhi.v19i2.5029

Dahrul Muftadin

{"title":"Repetition of the Marriage Contract (Shihhah) in the Rifaiyahâ€™s Tradition","authors":"Dahrul Muftadin","doi":"10.28918/jhi.v19i2.5029","DOIUrl":"https://doi.org/10.28918/jhi.v19i2.5029","url":null,"abstract":"In the tradition of Jama'ah Rifaiyah there is the practice of repeating the marriage contract called Shihhah. This tradition emerged from the understanding of the central figure of the Rifaiyah congregation, Kiai Ahmad Rifai, who categorized some Muslims who supported the Dutch colonial government into the category of wicked believers, including the Penghulu (Chieftain). Penghulu who are under the auspices of the colonial government are considered no longer have a \"adil/fair\" nature. This has resulted in any marriage process led by the government head being considered invalid, because the chieftain is not a fair believer who is required to lead the marriage process. This tradition lasted until the post-independence period. The purpose of this study is to find out the practice of shihhah from the colonial period until now and what factors are behind it. Field research with a descriptive-analytical approach found that the practice of shihhah among the Rifaiyah congregation experienced a shift. The practice of shihhah is still carried out by some Rifaiyah congregations even though the Indonesian government is no longer a colonial government. Some Rifaiyah congregations still practice shihhah on the grounds of a clash with a religious figure. However, many Rifaiyah congregations no longer practice shihhah.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46197028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Controversy of Water Resources Legislation in Indonesia: an Islamic Constitutional Law Approach 印尼水资源立法之争：伊斯兰宪法视角

Jurnal Hukum Islam Pub Date : 2021-12-09 DOI: 10.28918/jhi.v19i2.4421

Ija Suntana

引用次数: 1

THE IMPLEMENTATION OF MAQÄ€á¹¢ID AL-SHARÄªâ€˜AH IN SHAYKH YUSUF AL-QARDHAWIâ€™S FIQH AL-AQALLIYAT

Jurnal Hukum Islam Pub Date : 2021-12-07 DOI: 10.28918/jhi.v19i2.4997

Amir Sahidin

{"title":"THE IMPLEMENTATION OF MAQÄ€á¹¢ID AL-SHARÄªâ€˜AH IN SHAYKH YUSUF AL-QARDHAWIâ€™S FIQH AL-AQALLIYAT","authors":"Amir Sahidin","doi":"10.28918/jhi.v19i2.4997","DOIUrl":"https://doi.org/10.28918/jhi.v19i2.4997","url":null,"abstract":"This paper aimed to respond Muslim minorities' anxiety in the West, which deals with several dilemmatic choices of daily religious life activity. Muslim minorities are required to obey the teachings of Islam. Still, on the other hand, it contradicts with the reality of how difficult practicing Islamic teachings in Western countries according to the Islamic teachings such in Muslim-majority countries. Therefore, Shaykh Yusuf al-Qardhawi saw the need to initiate fiqh that could guide Muslim minorities in the West to continue to practice Islamic law, although in a slightly different format from prevailing teachings in Muslim-majority countries. This fiqh is popularly known as Fiqh al-Aqalliyat. As initiator, Shaykh Yusuf al-Qardhawi was very concerned about the implementation of maqÄá¹£id al-sharÄ«â€˜ah. This article used library research. Based on this study, it can be concluded that the implementation of maqÄá¹£id al-sharÄ«â€˜ah in Shaykh Yusuf al-Qardhawi's Fiqh al-Aqalliyat can be seen from the basis of his arguments, which aims such as the basis of the proposition relying on the law. It is also based on the main source of maqÄá¹£id al-sharÄ«â€˜ah, the principle of paying attention to universal fiqh rules, etc. Furthermore, we can also consider his fatwas, such as the problem of overseeing the implementation of Friday prayers, the law of inheritance from non-Muslims, christmas compliment to Ahlul Kitab, and establishing Islamic institutions from zakat assets.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43104116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Uniqueness of Waqf Land Disputes Resolution Denied by Some Heirs 部分继承人否认宗教基金土地纠纷解决的独特性

Jurnal Hukum Islam Pub Date : 2021-12-07 DOI: 10.28918/jhi.v19i2.4990

Nurrul Hikmah, H. Hartini, Joesoef Shidqi Marsa Robiyantoko, Irfan Aziz Al Firdaus

{"title":"The Uniqueness of Waqf Land Disputes Resolution Denied by Some Heirs","authors":"Nurrul Hikmah, H. Hartini, Joesoef Shidqi Marsa Robiyantoko, Irfan Aziz Al Firdaus","doi":"10.28918/jhi.v19i2.4990","DOIUrl":"https://doi.org/10.28918/jhi.v19i2.4990","url":null,"abstract":"Around 1993â€”1998, a handover of land for waqf from Mrs. Setyowati (a pseudonym) to Pondok Pesantren X (a pseudonym) in Jombang, East Java which is done not in front of a Waqf Pledge Deed Official (PPAIW). The waqf done by wakif had not been registered as waqf land at Office of Religious Affairs (KUA), a substitution deed is required because the wakif has passed away. During the certification process, some heirs chose to deny the waqf done by their mother due to economic factor and the waqf around 1993â€”1998 contain a legal flaw. The nazhir chose nyusuki to the heirs as a form of dispute resolution because it is considered a win-win solution. This research is an empirical juridical research. The result of this research shows that the act of nyusuki by the nazhir is an effective form of waqf dispute resolution in an amicable manner due to the denial of the waqf by some heirs of the wakif. Although it violates the waqf rules in Indonesia, there are benefits that arise from the act of nyusuki, namely contributing to the smooth development of new educational unit of Pondok Pesantren X so that waqf purpose can be achieved","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46957244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Social Justice Manifestation Based on Islamic Law Principle in The Corporate Penal Sanction of Environment 基于伊斯兰教法原则的环境法人刑事制裁中的社会正义体现

Jurnal Hukum Islam Pub Date : 2021-12-02 DOI: 10.28918/jhi.v19i2.4958

Rimsyahtono Rimsyahtono, N. Sambas, Ratna Januarita, N. S. Imaniyati

{"title":"Social Justice Manifestation Based on Islamic Law Principle in The Corporate Penal Sanction of Environment","authors":"Rimsyahtono Rimsyahtono, N. Sambas, Ratna Januarita, N. S. Imaniyati","doi":"10.28918/jhi.v19i2.4958","DOIUrl":"https://doi.org/10.28918/jhi.v19i2.4958","url":null,"abstract":"Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.","PeriodicalId":31992,"journal":{"name":"Jurnal Hukum Islam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45072086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0