Al Hurriyah : Jurnal Hukum Islam最新文献

{"title":"Islamic Law Analysis of MUI Fatwa No. 13 of 2021 Concerning the Law of Covid-19 Vaccination During Fasting","authors":"Evi Eka Elvia","doi":"10.30983/alhurriyah.v7i2.5805","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.5805","url":null,"abstract":"The object of this study is the fatwa of the Indonesian Ulama Council (MUI) regarding the law of vaccination during fasting. This fatwa was made on the basis of an urgent interest regarding the law of whether or not to vaccinate while fasting. This study uses the nas and ushul fiqh approaches. The data used is to use 'illat (reason) reasoning. The theory used uses the istihsan theory. The interests on which it is based are the interests of the maslahah (public interest), taking into account five interests, namely maintaining religion, nurturing the soul, maintaining reason, maintaining offspring, and maintaining property. This research study contains three findings. First, MUI fatwas have been comprehensively compiled from various valid sources, the Qur'an, hadith, fiqh rules, and scholarly opinions so that there is no doubt about the legal provisions. Second, this fatwa connects and integrates science and religious knowledge that contributes to solving problems in the midst of the COVID-19 pandemic. Third, fatwa’s appear at the right time in the condition of people who urgently need legal clarity on the law of vaccination while fasting.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133281771","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 Existence of High Heirloom Assets in Nagari Muaro Paiti and Their Relevance to Contemporary Islamic In Heritance","authors":"Beni Rahmad, E. Yenti, Hanif Aidhil Alwana","doi":"10.30983/alhurriyah.v7i2.5404","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.5404","url":null,"abstract":"High heirloom assets are assets that are jointly owned by a people who have blood ties and are inherited from generation to generation from previous ancestors, and these assets are under the management of the head of the inheritance (eldest male in the clan). High heirlooms do not belong to individuals, but belong to a group together. Inheritance from high inheritance applies a collective system, namely the property is not divided and delivered to the recipient group in the form of an undivided unit. To guarantee land ownership for its people, the government makes rules regarding land ownership, namely Law no. 5 of 1960. With this law, many people have certified their land, including high inheritance in the form of ulayat land in Muaro Paiti village, as private property rights recognized by law. As a result of the certificate of high inheritance into private property, of course, the system of inheritance of high inheritance has changed into inheritance according to the laws in force in Indonesia, namely Islamic inheritance.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"426 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121216875","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":"Annulment of Marriage and Khuluk in Family Law in Muslim Countries: A Comparative Study of Family Law in Syria, Sudan, Turkey and Indonesia","authors":"A. Hakim","doi":"10.30983/alhurriyah.v7i2.5561","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.5561","url":null,"abstract":"This research discusses the renewal of family law which regulates marriage, child-rearing, inheritance, and so on in several Muslim countries. In line with the times, countries, where the majority of the population is Muslim, have begun to reform their respective country's legal systems, both criminal law, and civil law. The research in this article aims to determine the comparison of one country to another according to the level of secular, liberal, or viewed from another side in efforts to reform family law. The research in this article is qualitative research using the literature study method. The research in this article uses a comparative and historical approach. Sources of data in this study are legal products of Islamic countries, scientific journals, and other supporting documents. The research in this article finds that Syria and Sudan are examples of Islamic countries that still maintain Islamic law and its values in their laws and regulations. Meanwhile, Turkey has gone far beyond Islamic law and adopted Western legal standards. Indonesia did not adopt Islamic law as a whole and also did not adopt Western law as a whole.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123087748","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":"Legality of Islamic Law Against the use of Public Roads for A Wedding Party","authors":"Busyro Busyro, Adlan Sanur Tarihoran","doi":"10.30983/alhurriyah.v7i2.5864","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.5864","url":null,"abstract":"The public road is a facility for those who passed by the public to support mobility. Islamic teachings determine that the public road is right to base humans who don't can in the sky by anyone. However,some people has utilise the public road for interest marriage party and events personal other so that disturb and hinder activity society. This paper aims to study the legality of Islamic law in middle take effect law positive in Indonesia regarding with use of public roads for doingmarriage reception (walimah) with a focus on two questions: First, what difference among legalization of Islamic law with law positive in case usage the public road for interest carry out party marriage? Second, is regulation of government about settings use the public road for interest party marriage in accordance with the legalization of Islamic law? Type this study is a research library with an approach qualitative. Data collection is carried out with read news, books, and related articles with problem study and analysis with the deductive method. Results of this study show that Islamic law has considered legal when already ijtihad by scholars, different with law positive that the legislation must be validated by the government, and government regulation that regulates using the public road for interest party marriage has produced benefits in accordance with the desired goal achieved in legalization Islamic law.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115248571","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 Marriage Agreement in Article 29 of Law Number 1 of 1974 is Reviewed According to Islamic Law","authors":"Reka Desrina Wati","doi":"10.30983/alhurriyah.v7i2.4125","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.4125","url":null,"abstract":"The purpose of this research is to determine the view of Islamic law on the Marriage Agreement in Article 29 of Law no. 1 of 1974. This research is juridical normative because it examines sources of written legal data and library materials by referring to the statute approach and syar'i approach related to Islamic law. The Sources of legal materials used in this study are primary and secondary legal materials. Marriage requirements can only be made before and at the time of the contract, where the contents must not conflict with the syari'at and the purpose of marriage. Ulama clarified that there is a marriage agreement that is shahih, which is that it has benefits and is in accordance with the purpose of the marriage, so this must be fulfilled, the conditions that fasid do not have to be fulfilled because there are parties who are hurt and it is against the law The contents of the agreement can include assets in marriage and other agreements. The agreement that has been made cannot be revoked again, because this is likened to a person who withdraws a gift that he has given and Rasulullah Saw strongly denounces this act. However, this is allowed if there is an agreement between both parties and neither party is disadvantaged. ","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130400704","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":"Halal Certification Standards for Chicken Slaughter in Traditional Markets","authors":"Didik Sukardi, Jefik Zulfikar Hafizd, Fajar Faturrachman Setiawan","doi":"10.30983/alhurriyah.v7i2.4474","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.4474","url":null,"abstract":"Slaughter is a halal condition that can be consumed by land animals. That is, these animals are not halal without the slaughter process. Some broiler chicken owners still ignore the slaughtering process in accordance with Islamic sharia. This research is a field research, namely research conducted at the location that is the object of research, namely Cigasong Traditional Market, Majalengka Regency. In this research the method used is interview.From the research, it was concluded that: slaughtering by Rabani Slaughter House in the Cigasong traditional market, which was slaughtered by Mr. Lalan's employees, the slaughtering process was in accordance with MUI Fatwa number 12 of 2009 concerning Halal Slaughter Certification Certification Standards. Regarding slaughtering of slaughtered chickens, the implementation of slaughtering carried out at Rabani Chicken slaughterhouses in the Cigasong traditional market has all been met with Halal Slaughtering Certification Standards. Then it is suggested: The owner of the slaughterhouse at the Cigasong traditional market must pay attention and ensure the slaughter, For the Majalengka Ulema Council should pay regular visits to the place of broiler sellers in the Cigasong traditional market against Halal Slaughter Certification Standards. Is it already running, implemented and implemented by every owner of the Chicken House.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131106201","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":"Legal Children in Pregnant Marriage: A Juridical Analysis of Indonesian Positive Law","authors":"M. N. Abidin, A. Basit","doi":"10.30983/alhurriyah.v7i2.5321","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.5321","url":null,"abstract":"The discourse of pregnant marriage is always interesting to study from a legal perspective, both Islamic and civil law, the different views of the fuqoha and also the controversy in understanding whether or not pregnant marriage is permissible. Different understandings are found in KHI which on one side is a normative backing and on the other side opens the room for adultery. As a result of being pregnant before, it was not a problem because children born during marriage became legal children, regardless of the age of the child's womb when both parents performed the marriage contract, while SE Director General of Islamic Guidance and Hajj Affairs No: D/ED/PW.01/03/1992 Regarding the Instructions for Completing Marriage, Divorce, Divorce and Referral Forms (NTCR), it is stated that a legitimate child is a child born at least more than six months from marriage, if the child born less than six months is interpreted as the child of the mother.One of the requirements for marriage administration is a birth certificate, if the first child is a girl, must be accompanied by a quote from the marriage book of both parents at the time of registration, this is to check the marriage date of both parents and also be equipped with a birth certificate to check when the child was born. So far, even if the birth certificate contains the names of both parents, but when confronted at the time of the examination the child was born less than six months after the marriage contract, the father's name was not listed in the marriage certificate. In line with this, from a legal perspective, the binding force between KHI and the Circular Letter is stronger than the KHI or Circular in the Registration and Implementation of Marriages.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122377377","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":"Vaccination and Forms of Self-Protection in the Covid-19 Pandemic Maqashid Sharia Perspective: Perceptions of STAI Darul Arafah Students","authors":"Muhammad Syukri Albani","doi":"10.30983/alhurriyah.v7i2.5369","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i2.5369","url":null,"abstract":"In Indonesia, one of the ways to deal with the COVID-19 pandemic is the implementation of a vaccination program in which the implementation of this program has pros and cons in the community, one of the reasons is the level of effectiveness of the vaccine itself is still in doubt and the halalness of the product. Halal products are very important considering that the majority of the population in Indonesia is Muslim. This study focuses on the perceptions of STAI Darul Arafah students in interpreting the covid 19 vaccination as a form of self-preservation during a pandemic, the purpose of this study was to find out the extent of understanding and opinions of Stai Darul Arafah students in participating in the covid 19 vaccination program as a form of self-preservation. or self-preservation (Hifzu Nafsi). The final results of this study illustrate that the Indonesian government is considered quite good, even very good in the process of carrying out this Covid 19 vaccination. Regarding the vaccine used, the majority already believe in the efficacy of the Covid 19 vaccine, although there are still some respondents who do not fully believe that the Covid 19 vaccine is halal to use.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131308528","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":"Child Protection Affected by the Covid-19 in Indonesia: Islamic Perspective","authors":"Suci Rahmadani Putri","doi":"10.30983/alhurriyah.v7i1.5319","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i1.5319","url":null,"abstract":"<p>This article is a library research from textual analysis related to child protection from the perspective of Islamic regulation and Covid-19. The data analysis method is qualitative-descriptive analysis method. The description of the data is divided into several stages, namely: Islam and the Covid-19 in Indonesia, Children in Islamic point of view, National Movement for Foster Parents or Gerakan Nasional Orang Tua Asuh (GNOTA), and Child Protection Affected by the Covid-19 from Islamic Perspective. The study shows children as one of the groups who are vulnerable to get their rights lost due to the Covid-19 pandemic, such as the right to life, economy, education and others. In Islamic regulation, children’s rights (ri'ayah) are contained in maqāshid sharia, namely maintaining children (hifż al-nasl). Responding to the absence of regulatory certainty in Indonesia that protects the rights of children affected by the Covid-19 pandemic, even though Islam protects children through the value of hifż al-nasl, the presence of the Gerakan Nasional Orang Tua Asuh is expected to be an alternative solution to protect children affected by the Covid-19 pandemic in Indonesia.</p><p><em><span lang=\"IN\">Artikel ini merupakan penelitian kepustakaan dengan sumber data penelitian bersumber dari literatur terkait perlindungan anak perspektif hukum Islam dan Covid-19. Metode analisis data yang digunakan yaitu metode analisis kualitatif-deskriptif. Deskripsi data terbagi ke dalam beberapa tahapan, yaitu: Islam dan Pandemi Covid-19 di Indonesia, Anak dalam pandangan hukum Islam, Mengenal Gerakan Nasional Orang Tua Asuh (GNOTA), dan Perlindungan Anak Terdampak Pandemi Covid-19 Perspektif Hukum Islam. Hasil penelitian ini adalah bahwa anak menjadi salah satu kelompok yang rentan terenggut hak-haknya akibat pandemi Covid-19, seperti </span><span>hak</span><span>hidup</span><span lang=\"IN\">, </span><span>ekonomi, pendidikan dan lainnya</span><span lang=\"IN\">. Di dalam hukum Islam, merawat dan memenuhi hak-hak anak (ri’ayah) merupakan salah satu makna yang juga terkandung dalam maqāshid syariah, yakni menjaga keturunan (</span><span lang=\"IN\">ḥ</span><span lang=\"IN\">ifż </span><span lang=\"IN\">al-nasl). Menyikapi belum adanya kepastian regulasi di Indonesia yang melindungi hak-hak anak terdampak pandemi Covid-19, padahal Islam melindungi anak melalui nilai </span><span lang=\"IN\">ḥ</span><span lang=\"IN\">ifż </span><span lang=\"IN\">al-nasl, maka kehadiran Gerakan Nasional Orang Tua Asuh (GNOTA) diharapkan dapat menjadi solusi alternatif untuk melindungi anak-anak terdampak Pandemi Covid-19 di Indonesia</span></em><span lang=\"IN\">.</span></p>","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121068930","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":"Methods and Stages of Ijtihad in Fiqh Nawazil: Correlation and Implementation in Fatwa of the Indonesia Ulama Council Related to Covid-19","authors":"Muhammad Ulil Albab, Nurwahidin Nurwahidin","doi":"10.30983/alhurriyah.v7i1.5482","DOIUrl":"https://doi.org/10.30983/alhurriyah.v7i1.5482","url":null,"abstract":"Fiqh, like the law in general, always faces new problems (nawāzil) that need solutions through ijtihad. To establish the law of the problem of fiqh nawazil, a standard method of ijtihad is needed. Through this research, the author seeks to review the literature related to ijtihad fiqh nawazil to be assembled into a standard method, which is then compared with the procedure of establishing fatwa of the Indonesian Ulama Council (MUI) and used as a theory to dissect MUI fatwa related to Covid-19. From the results of the study of related literature, ijtihad fiqh nawazil can be conducted by three methods, namely bayānī, ta’līlī, and istiṣlaḥī, which are then practiced through three stages, namely taṣawwur al-masalat, takyīf fiqhī, and taṭbīq al-ahkām. Although there is a slight difference in the aspect of language between the methods and stages of the ijtihad fiqh nawazil with the MUI fatwa establishment procedure, both have the same substance, so it can be concluded that the fatwa establishment procedure of the MUI has included three stages of the ijtihad fiqh nawazil methods. This is increasingly seen in the MUI fatwa decree related to Covid-19, especially in the Law on the Use of AstraZeneca Vaccine.Fikih, sebagaimana hukum pada umumnya, akan selalu menemui masalah-masalah baru (nawāzil) yang membutuhkan solusi melalui proses ijtihad. Untuk menentukan hukum dari masalah fikih nawāzil, diperlukan metode ijtihad yang baku. Melalui penelitian ini, penulis berupaya mengkaji literatur-literatur yang berkaitan dengan ijtihad fikih nawāzil untuk dapat dirangkai menjadi sebuah metode baku, yang kemudian dikomparasikan dengan prosedur penetapan fatwa Majelis Ulama Indonesia (MUI), serta digunakan sebagai teori untuk membedah fatwa-fatwa MUI terkait Covid-19. Dari hasil pengkajian literatur-literatur terkait, ijtihad fikih nawāzil dapat dilakukan dengan tiga metode, yaitu bayānī, ta’līlī, dan istiṣlaḥī, yang kemudian dipraktikkan melalui tiga tahapan, yaitu taṣawwur al-masalat, takyīf fiqhī, dan taṭbīq al-ahkām. Meskipun terdapat sedikit perbedaan dari aspek kebahasaan antara metode dan tahapan ijtihad fikih nawāzil tersebut dengan prosedur penetapan fatwa MUI, keduanya memiliki substansi yang sama, sehingga dapat disimpulkan bahwa prosedur penetapan fatwa MUI telah mencakup tiga tahapan dari metode ijtihad fikih nawāzil tersebut. Hal ini semakin terlihat implementasinya dalam Surat Keputusan Fatwa MUI terkait Covid-19, terkhusus tentang Hukum Penggunaan Vaksin Covid-19 Produk Astrazeneca.","PeriodicalId":436078,"journal":{"name":"Al Hurriyah : Jurnal Hukum Islam","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132847548","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}