AlIstinbath Jurnal Hukum Islam最新文献

{"title":"Transformation and Future Challenges of Islamic Law in Indonesia","authors":"A. Malthuf Siroj, Ismail Marzuki, Elkhairati Elkhairati","doi":"10.29240/jhi.v8i1.6618","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.6618","url":null,"abstract":"This study aims to investigate the transformation of Islamic law starting from pre-entry of Islam to Indonesia, entry of Islam, colonialism, and independence to current reformation in Indonesia, as well as various challenges to the formalization of Islamic law. The method used was a qualitative method with the type of library research namely by researching and reviewing legal materials that include primary legal materials, secondary legal materials, and tertiary legal materials that relevant to the object of this research. The results show that pre-entry of Islam to Indonesia, the applicable law was adat law, then since the entry of Islam into Indonesia, Islamic law has been well accepted and implemented by the community, and even its existence has gained legitimacy from both legal experts and the Dutch government. After Indonesia's independence, especially during the Old Order era, Islamic law did not transform significantly. During the New Order after such party collapsed, Islamic law began to transform significantly. Although since the reform period, Islamic law has transformed significantly, the challenges of Islamic law are serious, both internal and external. The most dominant internal challenges among are not fully codified Islamic law, Indonesian pluralistic condition, politics of the rulers' law, misconceptions of some legal experts about Islamic law, and other. Meanwhile, external challenges include influence of transnational ideologies which give a negative stigma against Islam, the development of Western ideologies that clash with Islamic law and the human rights, and strong influence of the domination of Western law in Indonesia.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"6 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":"136066810","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}

{"title":"Sultan's Law and Islamic Sharia in The Ottoman Empire Court: An Analysis of The Existence of Secular Law","authors":"Husnul Fatarib, Meirison Meirison, Desmadi Saharuddin, Muchlis Bahar, Suud Sarim Karimullah","doi":"10.29240/jhi.v8i1.4908","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.4908","url":null,"abstract":"This article aims to describe the impact of legal dualism within the Ottoman Empire. After Constantinople was taken over, Sultan Muhammad Al-Fatih instituted a significant policy, including issuing laws and regulations for the benefit of society; then, there was also a dualism system within the Ottoman Empire, which was visible during the reign of Sultan Sulaiman I. During this time, foreign nationals were mainly recruited, and foreign traders began to gain impunity at the peak of power. This then prompted several questions, such as were the sultans free to create the laws they wanted, or was Islamic law still binding on them? Was Sultan's law an innovation from the Ottoman Empire or a legacy from the preceding dynasty in the form of Capitulation? To address those issues, the authors conducted a comparative historical analysis of various types of literature. We used a descriptive qualitative approach to Qānūn's position, which served as a springboard for foreign intervention in an Empire that was strong but weak in political policies which occasionally strayed outside the corridor of Islamic Sharia which had become customary and national culture. The tolerance separated from the corridors of Islam derailed during the crisis. This became a springboard for legal dualism in a state body with integrity in various dimensions.Keywords: Sultan's Law, Sharia, Judiciary, Ottoman","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"72 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":"136067247","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}

{"title":"Polygamy in Perspective of Islamic Law Hermeneutics","authors":"Danial Danial","doi":"10.29240/jhi.v8i1.5139","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.5139","url":null,"abstract":"This article examines the legal verses of polygamy from a hermeneutical perspective. The third verse of surah al-Nisa is often understood as a verse commanding polygamy, because it contains recommendations to marry more than one woman, namely: two, three and four. The data used in this article are divided into two categories. The collected data were then analysed using the hermeneutic theory of Emelio Betti, Martin Heidegger, Hans Georg Gadamer and Paul Ricoeur with a descriptive method. The results of the research based on the hermeneutic theories above show that the third verse of surah al-Nisa which is usually used as the argument for polygamy from the Koran actually reinforces the recommendation of monogamy because according to Betti the purpose of marriage is sakinah mawaddah wa rahmah, this goal is difficult to realize in polygamy. Then according to Heidegger the verse above talks about justice for orphans. Furthermore Gadamer that polygamy is carried out with 2 conditions; (1) the 2nd, 3rd and 4th wives are widows who have orphans; (2) there must be a feeling of worry that they cannot do good and justice to orphans except by marrying their mothers. Finally, Ricoeur is of the view that the verse above is an order to act fairly in protecting the assets of orphans. The conclusion is that the third verse of surah al-Nisa is a recommendation for monogamy, not an order for polygamy.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"50 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":"136067248","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}

{"title":"The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia","authors":"Elfia Elfia, Surwati Surwati, Bakhtiar Bakhtiar","doi":"10.29240/jhi.v8i1.5480","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.5480","url":null,"abstract":"This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"40 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":"136067256","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}

{"title":"Muslim Society's Response to the New Rule of Marriage Age","authors":"Rosdalina Bukido, Nurlaila Harun, Muhammad Alwi, Fahri Fijrin Kamaru","doi":"10.29240/jhi.v8i1.5521","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.5521","url":null,"abstract":"This study aims to describe the response of the Muslim community to the new marriage age regulation. The existence of this new provision reaps pros and cons because the community and the government understand the age of marriage, especially Muslim people, who basically consider the age limit for marriage to be when they have reached puberty. This research was conducted in North Sulawesi with a qualitative-descriptive research type and a sociological approach. Data was collected through interviews with informants starting from the community level, religious leaders and community leaders and then analyzed in a descriptive way. The results obtained are that there is a strong religious doctrine and public ignorance of the issuance of Law no. 16 of 2019. With this rule in place, they hinder many couples who are ready to get married. Most people show an attitude of disapproval of the 19-year age limit for marriage. For society, the law does not look good, especially for those who are not yet 19 years old. The community’s understanding is that both partners have reached puberty, as explained in Islamic teachings. Even so, for religious figures to show the opposite attitude, the 19-year marriage penalty rule is very necessary because it involves emotional and economic stability in living a household life. Actually, the implementation of Law No. 16 of 2019 could be more effective if Perma No. 15 of 2019 was also socialized because they related it to the purpose and reasons for the intended marriage age limit. There is a lack of public understanding of the 19-year age limit for marriage because Law No. 16 of 2019, which is socialized, is only a prohibition which prohibits it. Perma No. 15 of 2019 is the answer to the regulatory age limit for marriage at 19 years, which is always questioned in society.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"52 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":"136067258","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}

{"title":"Korelasi Antara ASI dengan Sperma Sebagai Faktor Penyebab Mahramiyah Susuan","authors":"Karimuddin Abdullah Lawang, Maimun A. Rahman, Syamsiah Nur, Muh. Zaim Azhar, Ali Suage","doi":"10.29240/jhi.v8i1.5253","DOIUrl":"https://doi.org/10.29240/jhi.v8i1.5253","url":null,"abstract":"This paper aims to answer the question of why breast milk can cause mahramiyah of breastfeeding in the same way as sperm can cause mahramiyah of nasab. Breast milk is food for babies that serves to grow flesh and strengthen bones. On the other hand, breast milk is a liquid that comes out of the human body, similar to blood. However, breastfeeding a baby who has not reached the age of two years can cause mahramiyah, which is the same as mahramiyah caused by sperm. This is different from blood transfusions, which do not have any legal consequences. The research method used is a descriptive qualitative research method. The data collection technique is documentation review sourced from classical literature and scientific journals. After the data is collected, it is analyzed using content analysis techniques. The results show that breast milk has a correlation with sperm so that it can cause a mahramiyah relationship to be established. This is because breast milk contains genes as found in sperm, so that the genes owned by the mother will be inherited to the child when she is breastfed. The similarity of the inherited genes is what causes a negative impact on offspring in the event of marriage, so Islam states that there is a mahramiyah relationship from breastfeeding.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136375470","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}

{"title":"Interfaith Marriage: Subjectivity of the Judge in Determination of No. 454/pdt.p/2018 Surakarta District Court","authors":"Diana Farid, Muhammad Husni Abdulah Pakarti, Hendriana Hendriana, Iffah Fathiah","doi":"10.29240/jhi.v7i2.4574","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.4574","url":null,"abstract":"This research discusses mixed marriage which is very controversial in society, even though most religions have prohibited the practice of mixed marriage. In Decree No. 454/Pdt.P/2018/PNSKt. The judge allowed the marriage of someone of a different religion, even though the Marriage Law clearly does not regulate and returns to the laws of each religion. HKI (Compilation of Islamic Law) prohibits the practice of interfaith marriage as stated in Article 40 letter c. This study aims to analyze the judge's considerations in granting or rejecting interfaith marriages with the applicable laws in the marriage law and KHI (Compilation of Islamic Law). The research method used is qualitative (library research) with a normative legal approach as an analytical tool to describe existing problems and gain insight. The results of this study indicate that the determination of interfaith marriages in Decision No.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"384 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79026597","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}

{"title":"Cultured Meat for Indonesian Muslim Communities: A Review of Maslahah and Prospect","authors":"Hudzaifah Achmad Qotadah, Ali Chamani Al Anshory, Adang Darmawan Achmad, M. Syarifah","doi":"10.29240/jhi.v7i2.5476","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5476","url":null,"abstract":"The aim of this study is to examine the concerns surrounding cultured meat and the obstacles it presents in terms of halal issues, particularly for Muslim communities in Indonesia. The production of cultured meat is currently being heralded as one of the most significant advances of this century. Cultured meat is something that is made in a lab using techniques from bioengineering. Although it is not raised on farms like traditional meat, it shares many of the same biological similarities. This innovation still confronts several obstacles, such as the halal issue, which is still discussed by many Muslim academics, including those in Indonesia. A full qualitative method was employed, which was based on library research to investigate the stated problems, and all the findings were analyzed descriptively. The findings of the study have revealed that, despite various different arguments from Muslim academics’ perspectives regarding the halal status of cultured meat, it will be wiser if the related authorities as well as religious institutions join forces to examine the halal status of cultured meat. Once cultured meat is recognized as halal, it will provide more significant benefits, particularly for Muslim communities in Indonesia. It is also taken into consideration that  cultured meat may have the ability to overcome global problems associated with the environmental implications of meat production, animal welfare, food security, as well as human health, or in other words it can offer certain maslahah in comparison to traditional meat production.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79326519","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}

{"title":"The Analysis of the Decisions of the Sharia Court Judges on Child Rape Cases in the City of Langsa","authors":"M. Muzakkir","doi":"10.29240/jhi.v7i2.4922","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.4922","url":null,"abstract":"This study analyzes of the Decisions of the Sharia Court Judges on Child Rape Cases in the City of Langsa Number 33/JN/2021/MS.Lgs, which gave a prison sentence for perpetrators of raping biological children, this type of research is qualitative using empirical normative legal methods (application) that will analyze the written law and apply it at the time of the case. Research is a type of normative research using a case approach; the primary data source is in the form of a first-level decision that was tried by the Mahkamah Syar’iyah of Langsa City Number 33/JN/2021 /MS.Lgs, as for the research findings, the judge gave a decision based on the Qanun Jinayat with a fine of 165 months in prison because the victim in his request to be tried by the Qanun jinayat. The things that burden the uqubat for the perpetrators are: The defendant's actions did not support the Aceh Provincial government's program in enforcing Islamic Shari'a in Aceh Province; The Defendant's actions caused anxiety and damaged the future of the Victim's Child; The defendant is the biological father of the victim's child who is supposed to protect and guide the victim's child; and while the mitigating factors for the perpetrator are that the defendant is polite at trial and has never been convicted.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84057089","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}

{"title":"The Concept of Baligh Perspective of Fiqh and Positive Law","authors":"Ibnu Amin, L. Lendrawati, Faisal Efendi, Hertasmaldi Hertasmaldi","doi":"10.29240/jhi.v7i2.5268","DOIUrl":"https://doi.org/10.29240/jhi.v7i2.5268","url":null,"abstract":"This paper aims to elaborate the concept of baliqh from the perspective of fiqh and Positive Law in Indonesia as the fuqaha's opinion about baligh and adult in Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, Law No. 24 of 2013 concerning Population Administration and Law No. 35 of 2014 concerning Child Protection. The research method used is a literature study by tracking, comparing and analyzing doctrinal normative law through a qualitative approach in content analysis about baligh and adulthood. The results of the research revealed that baligh in fiqh with the rusyd benchmark when referring to the signs of puberty, namely ihtilam (wet dreams for men), menstruation (for women), hair growth around the pubic and age ranges from 15 to 19 years. Whereas, in the Indonesian Positive Law, adults are classified based on interests, namely adults for marriage age limit of 19 years for men and women, adults to have population administration (KTP), driver's license and have political rights at the age of 17 years. To determine the limit of children, notary position and citizenship age 18 years while income tax, free from guardianship and recognized as labor at the age of 21 years. The determination of the limits of puberty and adulthood is included in the category of mashlahah 'ammah, namely the general benefit that concerns the interests of many people.","PeriodicalId":33101,"journal":{"name":"AlIstinbath Jurnal Hukum Islam","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79561532","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}