AlIstinbath Jurnal Hukum Islam最新文献

Acehnese Dayah Ulama's Response to the Use of 'Urf in Istinbath of Fiqh Law from Islam Nusantara 亚齐人达亚·乌拉玛对伊斯兰努桑塔拉在伊斯兰律法中使用“乌尔夫”的回应

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-29 DOI: 10.29240/jhi.v8i1.5732

Januddin Muhammad Yusuf, Nawir Yuslem

{"title":"Acehnese Dayah Ulama's Response to the Use of 'Urf in Istinbath of Fiqh Law from Islam Nusantara","authors":"Januddin Muhammad Yusuf, Nawir Yuslem","doi":"10.29240/jhi.v8i1.5732","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.5732","url":null,"abstract":"This study aims to find the reaction or response of Acehnese dayah scholars (ulama) to the use of ‘urf in istinbath of Fiqh Law from Islam Nusantara. This study departs from the fact that Islam is a religion of rahmatan lil’alamin as a universal religion, and the development of society in Indonesia has a growing variety of cultures, thus requiring a special fiqh methodology in adapting culture to religion. This research is a field research with a descriptive qualitative research type. Data collection techniques using documentation, observation and interview techniques. The interviewees came from several dayah clerics who are members of several Islamic organizations such as the NU organization, the MPU organization, the HUDA organization, and the Tastafi Aceh organization. The results of the study show that the response of Islamic religious scholars in Aceh to the use of ‘urf in istinbath fiqh law of Islam Nusantara, some accepted and some refused. Those who refused reasoned that the use of ‘urf fashid is not in accordance with the Shari'a and leads to shirk as is customary of peulheuh alen, rabu abeh in Acehnese society. While the use of ‘urf shahih, Islamic religious scholars in Aceh accept it because it does not conflict with the Shari'a like khanduri blang because it is included in the generality of the argument for charity. Thus, it can be concluded that the istinbath method of Islam Nusantara fiqh law can be accepted and has its legality according to Acehnese Islamic scholars when using ‘urf shahih. The findings of this study contribute to the fact that customary practices need to be preserved if they do not conflict with Shari'a.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135831770","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

Strengthening Family Resilience Through Local Wisdom: Pulang Ka Bako Type of Marriage in Minangkabau 通过地方智慧增强家庭韧性:米南卡保的Pulang Ka Bako型婚姻

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-24 DOI: 10.29240/jhi.v8i1.6971

Arifki Budia Warman, Zulkifli Zulkifli, Yustiloviani Yustiloviani, Wardatun Nabilah, Riska Fauziah Hayati

{"title":"Strengthening Family Resilience Through Local Wisdom: Pulang Ka Bako Type of Marriage in Minangkabau","authors":"Arifki Budia Warman, Zulkifli Zulkifli, Yustiloviani Yustiloviani, Wardatun Nabilah, Riska Fauziah Hayati","doi":"10.29240/jhi.v8i1.6971","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.6971","url":null,"abstract":"This paper aims at explaining the background of the persistence of Pulang ka Bako marriage in Lasi area and its correlation to family resilience. This research is field research. The Minangkabaunese still carry out the tradition of Pulang ka Bako marriage (marrying the daughter of father’s female sibling) in Minangkabau community, especially in Lasi area. This marriage is considered the ideal type of marriage in Minangkabau. The data sources were obtained from the result of interview with married couples, traditional leaders, and religious leaders. The collected data were then reduced, presented, and concluded. This result showed that the background of Pulang ka Bako marriage was the community’s understanding that this type of marriage can guarantee the development and maintenance of inheritance, kinship social relations, and preservation of traditions and customs. This tradition can build family resilience in the terms of economic and social, and it strengthens cultural resilience as well. From the perspective of maqashid al-sharia, Pulang ka Bako marriage does not only bring benefit to the individual but also to the family. Besides fulfilling the elements of hifzun nasl (preserving offspring), hifzul mal (managing assets), and hifzul 'irdh (maintaining honor), Pulang ka Bako also fulfills the elements of tahqiqul sakn wal mawaddah wa rahmah (realizing the sense of peace, love, and compassion) and tanzimul janibul mali (managing family finances). It can be concluded that Pulang ka Bako type of marriage has fulfilled the objectives of Islamic law and is capable of being one of the solutions to family resilience issues.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135138755","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

Copyright as a Waqf Object in the Context of Fiqh and Positive Law 版权在法律与成文法语境中的价值客体

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-24 DOI: 10.29240/jhi.v8i1.6696

Sukiati Sukiati, Rahmadany Rahmadany, Muhamad Hasan Sebyar, Purnama Hidayah Harahap, Yovenska L Man

{"title":"Copyright as a Waqf Object in the Context of Fiqh and Positive Law","authors":"Sukiati Sukiati, Rahmadany Rahmadany, Muhamad Hasan Sebyar, Purnama Hidayah Harahap, Yovenska L Man","doi":"10.29240/jhi.v8i1.6696","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.6696","url":null,"abstract":"This research aimed to analyze the position of copyright as a waqf object from the perspective of fiqh and positive law. This study was literature research with a normative approach. The data collection technique used in this study is the documentation technique. At the same time, the analysis technique in this study used descriptive inductive techniques. The results of this study indicated that copyright is protected by Sharia law. The owner has the right and authority over his or her copyright and is protected by the rules and laws. Copyright as a waqf object is permitted by Islamic law as long as the requirements for a waqf object are met. This is reinforced by the decision of the Indonesian Ulema Council (MUI) number 1 MUNAS/VII/5/2005, which allows Intellectual Property Rights (IPR) as a waqf object. The permissibility of copyright as a waqf object is also supported by positive law, i.e. Law No. 41 of 2004 concerning Waqf and Government Regulation No. 42 of 2006. In addition, copyright as part of IPRs fulfils the criteria of a waqf object, i.e. a valuable asset permissible by Sharia law whose ownership rights are transferrable. Accordingly, IPRs are legally used as a waqf object, and such rights should not be violated.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135138757","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

Decency Norms in Law Enforcement to Online Prostitution in Indonesia: An Islamic Law Perspective 印尼网络卖淫执法中的道德规范:伊斯兰法律视角

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-23 DOI: 10.29240/jhi.v8i1.7044

Alfitra Alfitra, Afwan Faizin, Ali Mansur, Muhammad Harfin Zuhdi

{"title":"Decency Norms in Law Enforcement to Online Prostitution in Indonesia: An Islamic Law Perspective","authors":"Alfitra Alfitra, Afwan Faizin, Ali Mansur, Muhammad Harfin Zuhdi","doi":"10.29240/jhi.v8i1.7044","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.7044","url":null,"abstract":"This study aims to describe Islamic law norms as living Law are offered decency norms for law enforcers against online prostitution as Article 27 of Information and Electronic Transaction (IET) law, and the factors that prevent the enforcement of the decency norms under Article 27 against the massive development of online prostitution. This research was conducted in four provinces: Jakarta, West Java, East Java, and South Sulawesi. The interviewees are investigators from the Indonesian National Police and District Court judges in four cities of four provinces. The method used is a qualitative approach.The research subjects were selected by purposive sampling, and the data were analysed using descriptive analysis. The findings of this study show Islamic Law as decency norms or living law can be a priority for law enforcement to online prostitution by using Article 27 of the IET Law, where decency norms can be imposed on perpetrators, pimps, sex workers, and buyers. Sex services, as well as intermediaries. This study also shows the reluctance of law enforcers at the investigation and court levels to enforce Article 27 more strictly and maximally because it is not a cybercrime priority that must be enforced to prevent the massive development of online prostitution.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"181 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135288248","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 Relevance of Jamal Al-Banna's Islamic Legal Thoughts with Religious Moderation in Indonesia 贾马尔·班纳的伊斯兰法律思想与印尼宗教节制的关联

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-23 DOI: 10.29240/jhi.v8i1.6649

Sakban Lubis, Rustam Ependi, Tumiran Tumiran, Muhammad Yunan Harahap, Abdul Hakim

引用次数: 0

The Urgency of Maturity to Get Married and Its Relevance to Family Life Goals 成熟到结婚的紧迫性及其与家庭生活目标的相关性

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-23 DOI: 10.29240/jhi.v8i1.5324

Zikri Darussamin, Armansyah Armansyah, Ahmad Zikri

{"title":"The Urgency of Maturity to Get Married and Its Relevance to Family Life Goals","authors":"Zikri Darussamin, Armansyah Armansyah, Ahmad Zikri","doi":"10.29240/jhi.v8i1.5324","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.5324","url":null,"abstract":"This paper aims to explore aspects of the legitimacy of limiting the age of marriage from the perspective of maqâshid al-syarî'ah. Early marriage is regarded as highly common ini Indonesia. According to data for 2020, 1 in 9 or almost 11% of Indonesian girls get married before becoming 18 years old. Through Law Number 16 of 2019 about Amendments to Law Number 1 of 1974 about Marriage, the government is trying to suppress the practice of early marriage through limiting the age of marriage to 19 years. Research methods are qualitative-explanative method, this paper attempts to analyze the texts and doctrines of fiqh scholars relating to the age of marriage and relate them to the purpose of marriage through the point of view of maqâshid al-syarî'ah. Through this method, it has been discovered that that marriage is a noble Islamic law and the only institution that legalizes sexual relations as a primary need (daruri) for human being in order to realize the maintenance of religion (hifzh al-dîn) through the avoidance of the practice of adultery, as well as maintaining the sustainability of mankind (hifzh al-nasl). Considering that marriage is closely related to responsibilities, it can be concluded that arrangement 19 years as the ideal age for marriage is considered to be in line with the maqâshid of marriage. Carrying out underage marriages will cause mafsadah, because it has negatives effect on health, fertility and causes bad social impacts so that maqâshid marriage cannot be realized.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135287958","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

Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004 2001-2004年民主过渡政府时期国内法中伊斯兰教法调和分析

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-22 DOI: 10.29240/jhi.v8i1.5657

Ilda Hayati, Busman Edyar

{"title":"Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004","authors":"Ilda Hayati, Busman Edyar","doi":"10.29240/jhi.v8i1.5657","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.5657","url":null,"abstract":"This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135429124","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 Crown Witness From the Point of View of Islamic Criminal Law in Truth Discovery of Criminal Cases in Indonesia 印尼刑事案件真相发现中的伊斯兰刑法视角下的皇冠证人

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-16 DOI: 10.29240/jhi.v8i1.6918

Joni Zulhendra, Firdaus Firdaus, Hardi Putra Wirman

{"title":"The Crown Witness From the Point of View of Islamic Criminal Law in Truth Discovery of Criminal Cases in Indonesia","authors":"Joni Zulhendra, Firdaus Firdaus, Hardi Putra Wirman","doi":"10.29240/jhi.v8i1.6918","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.6918","url":null,"abstract":"This article aims to elucidate Islamic criminal law's point of view on the existence of crown witnesses in the truth discovery of criminal cases in Indonesia. In fulfilling the shortage of witness evidence, one of the perpetrators of the crime was carried as a case witness in the case. This study uses normative research methods by reviewing books relevant to the problem (Library Research) by tracing, comparing, and analyzing normative doctrinal law through a qualitative approach regarding crown witnesses. This study found that Islamic criminal law requires fairness to be accepted as a witness. If a crown witness is indeed needed as evidence to reveal a criminal case without being accompanied by other supporting evidence, then a crown witness is permitted. Should there is other evidence, the crown witness will be disqualified because the crown witness does not meet fair requirements. The rule of law in Indonesia based on the Criminal Procedure Code (KUHAP) article 185 paragraph 2 states that the statement of one witness is insufficient to prove a criminal case called the principle of unus testis nullus testis (one witness is not a witness). Therefore, there are no other witnesses apart from the crown witness.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136067252","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

Comparing KHI and KHES in Marital Property Grant Disputes: An Analysis of Judges' Views 夫妻财产授予纠纷中家庭医疗保险与家庭医疗保险之比较:法官观点分析

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-16 DOI: 10.29240/jhi.v8i1.6464

Muhamad Subhi Apriantoro, M. Naufal Ibnu Alis, Sendy Septianozakia, Dadang Setiana

引用次数: 0

The Progressivity of Umar Ibn Al-Khattab's Ijtihad in Responding to Community Social Changes 乌玛尔·伊本·哈塔卜的伊智哈德在应对社区社会变化中的进步性

AlIstinbath Jurnal Hukum Islam Pub Date : 2023-05-16 DOI: 10.29240/jhi.v8i1.4872

Fauzan Arrasyid, Pagar Pagar, Dhiauddin Tanjung, Mohd Roslan Mohd Nor

{"title":"The Progressivity of Umar Ibn Al-Khattab's Ijtihad in Responding to Community Social Changes","authors":"Fauzan Arrasyid, Pagar Pagar, Dhiauddin Tanjung, Mohd Roslan Mohd Nor","doi":"10.29240/jhi.v8i1.4872","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.4872","url":null,"abstract":"This study aims to see how Umar Ibn Al-Khattab's legal ijtihad typology responds to social changes that occur in society. Ijtihad is a legal decision-making process based on syar'i arguments. During his leadership, Umar ibn Khattab was known to history as one of the caliphs who often performed ijtihad and the results often differed from those of other companions of the Prophet in terms of understanding and practice of Islamic law. Umar bin Khattab often recited the Quranic texts and hadith of the Prophet by contextualizing verses and hadiths through his maqasid approach. This research uses normative legal research methods. The data were obtained through literature review and analyzed using a descriptive analysis approach. The results showed that Umar's ijtihad pattern of Islamic law in some cases is considered as an integrated, integral, and authentic understanding in order to realize the benefit of Muslims. He carried out the policy of Islamic law by paying attention to rapidly developing social changes. Although his Ijtihad seems contrary to the provisions of the text, in fact Umar can be said to be able to understand the general principles (al-ushul al-kulliyat) of the Koran. So that the Quranic text, which has descended historically, can always provide answers and solutions to social problems of society that are always undergoing changes.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136067253","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