ISSN : 2549-1075(Online) | 2303-1905(Print) DOI Prefix : Prefix 10.21274 by Crossref Editor in Chief : Iffatin Nur (Scopus ID: 59507267600) Publisher : Faculty of Sharia and Law (FASIH), UIN Sayyid Ali Rahmatullah Tulungagung Frequency : 2 issues per year Citation Analysis : Sinta | Google Scholar | Garuda | Moraref
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The Legal Force of the Constitutional Court's Decision on the Impeachment Process from the Perspective of the State of Islamic Law and Politics
This study highlights the existence of a legal vacuum caused by the lack of clear and explicit regulations governing the legal force of Constitutional Court (MK) decisions in the impeachment process of the President and Vice President. The uncertainty regarding whether MK’s ruling is binding or merely advisory creates ambiguity in constitutional practice and opens opportunities for political intervention. This situation weakens the principle of legal certainty and risks turning the impeachment mechanism into a tool of political contestation rather than a constitutional safeguard. The purpose of this study is to examine in depth the legal force of the Constitutional Court’s decision within the impeachment process in Indonesia, especially when viewed through the framework of the rule of law. Using normative legal research methods supported by legislative, comparative, and conceptual approaches, this research evaluates the scope of MK’s authority and the constitutional principles that should guide impeachment procedures. The findings indicate that MK’s decision must be final and binding (erga omnes) to reinforce its position as the guardian of the constitution and protector of democratic governance. Strengthening the binding nature of MK’s decision is essential to maintain institutional balance among state organs and prevent impeachment from being dominated by political interests. Furthermore, this study draws relevance from the concept of the Mazhalim Court in Islamic law, which prioritizes substantive justice and accountability of leaders. This comparison encourages the refinement of Indonesia’s impeachment procedural law to ensure that justice, not politics, remains the primary foundation of constitutional processes.
Impeachment, Constitutional Court, State of Law, Politics of Islamic Law.
Copyright (c) 2025 Ahkam: Jurnal Hukum Islam
Harmonization and Islamic Law Perspective on Endogamous Marriage as a Proactive Strategy to Prevent Divorce in the Coastal Community of Pamekasan, Madura
Marriage is one of the most important institutions that has various forms of traditions. The marriage tradition that has become a tradition among the people of Madura is endogamous marriage, which is significant in preventing divorce. In Addition, Islamic law also provide room to view various perspectives on the practice of endogamous marriage as an effort to unite individuals within a particular social, cultural, or ethnic group as a proactive effort to avoid divorce. This focus will discuss the social structure in preventing divorce among coastal communities, socia lawl solidarity in the tradition of endogamous marriage, and the supporting and inhibiting factors in the tradition of endogamous marriage. This research uses a qualitative field approach with a case study research type. The data collection technique uses observation, interview, and documentation techniques, while the data analysis uses data reduction, data presentation, and conclusion drawing. The results of this study are that the social structure in endogamous marriage prevents divorce with social stability, trust, familiarity, and cultural influence. Social solidarity in the tradition of endogamous marriage among Lembung coastal communities is strengthened by strengthening family relationships and maintaining social order. While the driving factors in the tradition of endogamous marriage by maintaining cultural identity, social cohesion, as well as social control, and inhibiting factors in the tradition of endogamous marriage with social change, economic culture, and social inequality between local communities.
Harmonisation, Endogamous Marriage, Divorce, Coastal Community, Islamic Law.
Halal Product Assurance in Indonesia: A Comparative Study of Law No. 33/2014 and Qur’anic Verses Al-Māidah 88
This study aims to examine the relevance of Law No. 33 of 2014 on Halal Product Assurance (the Halal Product Assurance Act) to the halal values contained in Qur’anic verse Al-Māidah 88 through a comparative analytical approach that assesses the alignment between Islamic principles and the implementation of positive law in Indonesia. The research employs a qualitative library research method, using primary sources consisting of Qur’anic verse Al-Māidah 88 and Law No. 33 of 2014, and applies content analysis to connect national legal provisions with the Qur’anic principles of halal and tayyib. The findings indicate that the Halal Product Assurance Act comprehensively reflects the principle of halālan ṭayyiban by providing legal certainty, protection, and quality assurance for Muslim consumers, ranging from ingredient procurement, production processes, storage, and distribution, to halal labeling. These results affirm the Act’s contribution to reinforcing the legal foundation and Islamic values within Indonesia’s halal product assurance framework. The study recommends strengthening the implementation of the Act through enhanced synergy among BPJPH, MUI, LPH, and halal auditors, as well as increasing outreach efforts to business actors and the public to foster greater awareness of the importance of consuming halal products.
Halal Product Assurance Law No. 33/2014.
Eclecticism and Non-Systematic Approaches in the Transformation of Indonesian Islamic Marriage Law
This article analyzes the transformation of Islamic marriage law in Indonesia by highlighting the characteristics of legal eclecticism and the non-systematic approach in its formation and implementation. The study employs a socio-normative approach, which views law as a normative system and a social reality within Indonesian society. Data were obtained from primary legal materials such as the Compilation of Islamic Law (KHI) and Law on Marriage, as well as secondary materials including scholarly research and contemporary literature on Islamic law. The findings reveal that Islamic marriage law in Indonesia is eclectic, combining various fiqh traditions with principles of modern national law. This is evident in the regulation of marriage guardianship (wali) that merges Syafi'i and Hanafi views, child custody (hadhanah) that balances parental rights, and the regulation of polygamy and divorce through the courts, which integrates classical fiqh norms with modern notions of justice. Meanwhile, the practice of religious courts demonstrates a non-systematic approach, as judges interpret the law contextually by referring to other statutes such as the Child Protection Law, Law on Human Rights, and the Law on the Elimination of Domestic Violence. This cross-system approach illustrates that Indonesian Islamic law is open, adaptive, and progressive, capable of bridging religious values, national law, and social justice.
Women, Law, and Maqashid Syari’ah: An Analysis of Protection in Indonesia and Malaysia
This study aims to analyze the concept of women's protection as implemented in the legal systems of Indonesia and Malaysia through the perspective of maqashid syari’ah. This is because women are a vulnerable group, prone to discrimination, violence, and limited access to justice. In the context of positive law, for example, both countries have regulatory instruments to provide protection for women, such as the Law on the Elimination of Domestic Violence (PKDRT Law) in Indonesia and the Domestic Violence Act 1994 in Malaysia. However, in reality, there is still a gap between the idealism of the law and the practice of protection. Using a qualitative-comparative approach, this study compares the concepts and principles of women's protection in Indonesia and Malaysia with reference to the fundamental theory of Islamic law (maqashid syari’ah). As a result of the study, this study shows that Indonesia and Malaysia place the protection of women as part of the fulfillment of basic rights, despite differences in legal approaches, institutional structures, and policy implementation. This study also emphasizes that the integration of maqashid syari’ah values into the national legal system can be strengthened through the legitimization of women's protection to create a legal system that is fair, responsive, and inclusive of contemporary challenges. This study also opens up space for reflection on the development of contemporary Islamic law that is not only normative but also serves as a solution in facing the dynamics and challenges of the modern world.
Maqashid syari’ah, Law, Protection of Women.
THE REASON FOR CHILDFREE IN MAQASHID SHARIA PERSPECTIVE
Penelitian ini bertujuan guna mengkaji terkait alasan-alasan perempuan memilih childfree serta mengkaji alasan-alasan tersebut dalam perspektif maqashid syariah. Serta mengetahui terkait pendapat pro kontra alasan childfree dalam maqashid syariah. Penelitian ini menggunakan metode studi kepustakaan (library research) dengan pendekatan kualitatif dikarenakan untuk mengkaji alasan-alasan childfree ke dalam maqashid syariah. Dengan mengkaji alasan-alasan tersebut menggunakan kajian literatur kedalam maqashid syariah sebagai fondasi bahwa keputusan childfree harus didasari dengan maqashid syariah. Analisis Data dilakukan dengan menganalisis pendapat-pendapat serta dari beberapa sumber sekunder serta triangulasi teori dengan menggunakan perspektf lebih dari 1 teori dan dilakukannya penafsiran hukum. Hasil adanya childfree yang ditinjau maqashid syariah bahwa alasan-alasan tersebut bisa terbagi menjadi 3 kebutuhan yakni Dharuriyat, Tahsiniyat, dan Hajiyat. Faktor mental dan fisik bisa dikategorikan ke tingkatan dharuriyat, Faktor personal dan Faktor lingkungan termasuk kedalam tingkatan hajiyat, Faktor ekonomi termasuk pada tingkatan tahsiniyat. Hasil dari penelitian ini memberikan wawasan baru bagi para pembaca dan membantu penelitian lainnya yang berkaitan dengan hukum islam yang membahas terkait adanya childfree serta berkontribusi pada permasalahan - permasalahan kontemporer terkait childfree yang dilihat dari perspektif Islam.
Childfree, Maqashid Syariah, Hukum Islam, Anak, Pernikahan
LIVING FIQH AS SOCIAL DYNAMICS: A STUDY OF THE ACTUALIZATION OF FIQH OF CIVILIZATION IN PONDOK PESANTREN DARUL ULUM, BANDUNG, TULUNGAGUNG.
This study aims to examine the actualization of living fiqh of civilization in the dynamics of social religion in the Pondok Pesantren Darul Ulum Bandung, Tulungagung. This study departs from the awareness of the importance of transforming fiqh from normative discourse into adaptive and contextual social praxis, especially in the midst of increasingly complex social changes. Through a qualitative approach and case study method, this study explores in depth the values, practice patterns, and strategies for implementing fiqh of civilization in pesantren as a response to contemporary challenges. The results of the study show that Darul Ulum Islamic Boarding School practices fiqh that is not only based on text, but also considers social reality with the maqashid shari’ah approach. The developed fiqh is moderate, inclusive, and solutive to various community problems, such as issues of social justice, health, environment, and cultural pluralism. Pesantren play a strategic role as value producers and agents of social transformation that make fiqh a dynamic guide to life. The implementation of living fiqh in this pesantren can be seen in the integration of a curriculum that is responsive to contemporary issues, the involvement of santri in community empowerment activities, and collective awareness of the importance of building an Islamic civilization that is rahmatan lil 'alamin. Thus, this research confirms that the living fiqh of civilization developed by Darul Ulum Islamic Boarding School is not only a renewal of Islamic thought, but also a concrete form of fiqh that lives in society and contributes significantly to equitable and sustainable social development.
Civilization Fikih, Living Fikih, Social Dynamics,
DETERMINATION AND ARGUMENTATION OF JUDGES IN MARRIAGE DISPENSATION AT THE SUMBAWA BESAR RELIGIOUS COURT: ANALYSIS OF DETERMINATION NUMBER 4/PDT.P/2024/PA.SUB REVIEW OF MASLAHAH AL-BUTI AND LEGAL POLITICS
Marriage is a common instinct for all humans. In Law Number 1 of 1974 concerning Marriage, it is explained that marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Almighty God. As for the age of the prospective bride and groom is 19 years according to Law Number 16 of 2019, but in the Sumbawa Besar Religious Court there was a request for marriage dispensation where the male party was still under 19 years old and there were factors underlying the determination of the Sumbawa Besar Religious Court Number 4/Pdt.P/2024/ PA.Sub that the prospective wife was pregnant outside of marriage, so the judge used Article 7 Paragraph 2 of Law Number 16 of 2019 concerning marriage and PERMA No. 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Requests. This research is a field research, qualitative in nature, with a legislative, conceptual, and case approach. As a result of this research, the judge granted the request for marriage dispensation. This determination is in line with the maslahah of al-Buti and the legal policy of marriage dispensation. The findings in this study, First: there are legal, sociological, and philosophical factors that influence judges in deciding cases. Second: The judge's appointment is in line with the political law of the marriage dispensation and is in line with the maslahah of Muhammad Said Ramadan al-Buti. Third: Finding the idea of ​​maslahah usrah cum urgency, with several working methods, first the judge has asked and examined the applicant's files carefully, second the judge considers the maslahah aspect to be prioritized in determining the marriage dispensation, third the judge is able to apply the legal policy of marriage dispensation, namely the direction of legal policy that contains the benefits and urgency for the parties seeking justice.
Marriage Dispensation, Maslahah al-Buti, Legal Political.
COMPARATIVE ANALYSIS OF THE OPINIONS OF YUSUF AL-QARADAWI AND FAQIHUDDIN ABDUL QADIR ON THE LAW OF POLYGAMY
Polygamy is one of the issues that often becomes a debate in the study of Islamic family law, both in terms of legality, ethics, and social aspects. This article aims to analyze the similarities and differences in the opinions of contemporary scholars, namely Yusuf Al-Qaradawi and Faqihuddin Abdul Qadir, regarding the legality of polygamy, including the legal basis and the interpretation of justice as its condition. This study is a literature review with documentation as the data collection technique and a comparative study as the analysis technique. The similarities between the two figures are that they both permit polygamy, use Surah An-Nisa verse 3 as the legal source for polygamy, and regard justice as the primary condition for allowing polygamy. The differences are that Yusuf Al-Qaradawi considers polygamy to be a solution, understands Surah An-Nisa verse 3 in isolation, and views justice in polygamy only in material terms such as financial support, housing, clothing, and time spent together. Meanwhile, Faqihuddin Abdul Qadir argues that polygamy cannot be seen as a solution as it potentially brings harm to the family, interprets Surah An-Nisa verse 3 not in isolation but in conjunction with the preceding and following verses, which are verses 2 and 4, and believes that justice in polygamy encompasses all aspects, including immaterial elements such as emotions.
The law of polygamy; Yusuf Al-Qaradawi; Faqihuddin Abdul Qadir, Justice in Polygamy
INCONSISTENCY OF MERITOCRACY IN PPPK LECTURER CAREER RIGHTS: ISLAMIC LAW AND HUMAN RIGHTS REVIEW
This research aims to analyse the policy on the placement of lecturers as Government Employees with Work Agreements (PPPK), which raises serious issues in the higher education system, especially in terms of protecting the career rights of PPPK lecturers. The used method is a normative-empirical approach with a literature study of laws and regulations, policy documents, and Islamic literature. In addition to documents, researchers also used interviews with PPPK lecturers as triangulation in tracing the facts of regulation implementation. This study found that there is an inconsistency in the implementation of the meritocracy principle in treating PPPK lecturers. Although regulations on the State Civil Apparatus (ASN) promise the meritocracy principle, it does not apply to the career protection of PPPK lecturers. They cannot apply for promotion to functional positions (junior assistant professor, senior assistant professor, asssociate professor, and Professor). Some PPPK lecturers placed in the functional position of junior assistant professor at the time of recruitment, they cannot apply for a functional promotion to senior assistant professor. In contrast, all of these functional promotion facilities apply to Permanent Civil Servants (PNS). Like PPPK, PNS is a part of ASN. This inconsistency shows serious problems in terms of human rights and Islamic law. In terms of human rights, the government has failed to carry out its duties as a duty bearer of human rights in protecting the career rights of PPPK lecturers. The inconsistency of meritocracy contradicts the perspective of Islamic law, which emphasises justice, equality, and trust in human resource development. The government has actually become an actor that perpetuates the injustice of treatment in managing ASN.
PENINJAUAN UPAH HUKUM POSITIF PERSPEKTIF DOKTRIN EKONOMI ISLAM MENGENAI UPAH SYARIAH
The realization of a good investment climate, one of them with a conducive industrial relations. The current wage system is still not completely answer the problems of wages is complex, given the rise of workers’ demands related to wages in each year which impact on the weakness of the economy in Indonesia. That requires an alternative solution to the problem of wages complex answer through the fulfillment of the principle of remuneration in accordance with the conditions and needs of workers / laborers Indonesia. Answering the above problems can put the knowledge to be a solution. One applicative knowledge that can address the problems of wages through sharia. Through normative juridical research method with a prophetic approach based on legal materials normative-prescriptive, this study aims to analyze the wage review of the positive law doctrine of Islamic economics perspective on wages sharia. It is intended that knowledge can also contribute solutions to the economic problems in Indonesia, especially in the realm of industrial relations.
review of wages, positive law, the doctrine of Islamic economics
PRAKTIK JUAL BELI PRICE FIXING PADA KEGIATAN CAR FREE DAY (CFD) TULUNGAGUNG DI TINJAU DARI UU NO. 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT SERTA HUKUM EKONOMI SYARIAH
This research is motivated by the existence of CFD activities as a government effort in maintaining environmental quality and developing MSMEs. The large number of traders at CFD activities and the large number of visitors is an opportunity to increase sales for MSMEs. Therefore, it is necessary to study in depth whether the practice of buying and selling price fixing at the Tulungagung Car Free Day (CFD) activity is in accordance with the rules when viewed from Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and Sharia Economic Law. The objectives of this study are (1) to determine the implementation of the practice of buying and selling price fixing carried out by MSMEs in the CFD Sunday Morning activity in Tulungagung reviewed from Law. No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. (2) to determine the implementation of the practice of buying and selling price fixing carried out by MSMEs in the CFD Sunday Morning activity in Tulungagung reviewed from Sharia Economic Law. This research method uses an empirical qualitative approach, namely a research method that uses field data as the main data source, such as the results of observations and interviews. The data sources in this study were primary and secondary. The analysis techniques used were data reduction and triangulation to verify data validity. The results of this study are: (1) the price-fixing practices carried out by MSMEs during Sunday morning CFD activities in Tulungagung, as viewed from Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, are in accordance with the regulations because no business actor dominates the market, has substitute goods, and market pricing is based on agreed-upon prices. (2) the price-fixing practices carried out by MSMEs during Sunday morning CFD activities in Tulungagung, as viewed from Sharia Economic Law, indicate that Jumbo Ice Tea vendors have set prices with fairness and transparency because there is no monopoly element to dominate the market, thus complying with the principles of Sharia economic law.
Copyright (c) 2023 Ahkam: Jurnal Hukum Islam
Fitrah Zakat plays a central role as an obligatory duty that cannot be ignored. Fitrah zakat is a mandatory contribution for every individual in the Muslim community, known as (zakat al-nafs). It must be distributed accurately to those entitled (mustahiq), ensuring the goal of meeting the needs of the mustahiq during festive occasions is achieved. This research is motivated by the zakat distribution practices in Pojok Village, where several hamlets distribute zakat evenly among the local community. The study critically examines the concept of negotiating zakat distribution within Islamic law, particularly through the principle of "harmony." The research employs qualitative and field research methods, gathering data through direct field observations and deductive analysis. Primary data sources include interview results, supplemented by secondary data from relevant literature. Data collection techniques involve observation, interviews, and documentation. Data analysis techniques include data verification and presentation, with data validity ensured through triangulation and extended research.
Copyright (c) 2024 Ahkam: Jurnal Hukum Islam
POLITIK HUKUM PP NOMOR 78 TAHUN 2015 TENTANG PENGUPAHAN SEBAGAI UPAYA PEMENUHAN HAK DASAR PEKERJA/BURUH
This research will be more directed to respond to PP Number 78 of 2015 concerning Wages. In this PP on Wages, it has contradicted the ideals in the constitution, so that in the hierarchy of statutory regulations, the wage formula in this PP on Wages has contradicted the principle of Lex Specialis Derogate Legi Inferiori. The big idea that is being promoted is about efforts to create ideal and just laws in accordance with the values ​​and ideals of the state. These efforts are often referred to as Legal Politics. Then it is often misunderstood as legislative (legal) politics, because it is attached to legislative variables where the tracing process is often carried out normatively by examining the legal ideals of a nation and its achievement efforts which are stated in the work plan (legal politics) of the legislative institution in the form of Prolegnas. The method used in this study is normative juridical. The results of this study convey that in the process of determining the amount of wages, it has ignored the amount of fair and decent wages for workers both from positive law and Islamic law.
HARMONISASI PENGATURAN UPAYA ADMINISTRATIF DALAM PENYELESAIAN SENGKETA ADMINISTRASI NEGARA DARI PERSPEKTIF TEORI AL-ADALAH DAN AL-SHURA
The regulation regarding administrative efforts in resolving state administrative disputes is governed by two different legal foundations. There is a dualism of opinion regarding the necessity of administrative efforts before filing a lawsuit in court, whether it is imperative or facultative, based on the provisions of these two legal foundations, namely the State Administrative Court Law and the General Administrative Procedure Law. This legal issue will be examined through normative legal research, The study concludes that administrative efforts in resolving state administrative disputes are facultative as long as they are not explicitly regulated in sectoral laws. The facultative nature of these administrative efforts also requires simplification in resolving administrative disputes. This simplification can be achieved by limiting the process to two levels of administrative court examinations, ending with a review and decision by the Supreme Court. Harmonious administrative arrangements in resolving state administrative disputes must consider the fundamental principles of Islamic law, such as al-Adalah (Justice) and al-Shura (Deliberation). Justice ensures that decisions taken fairly fulfill the rights and obligations of the involved parties, while deliberation emphasizes the importance of collaboration and participation in decision-making, allowing for outcomes that are more widely accepted by all parties.
PERAN TAKMIR MASJID DALAM PENCEGAHAN PERILAKU KORUPSI DI LINGKUP PEMERINTAHAN DAERAH
The role of corruption prevention carried out by mosque takmirs is in the secondary prevention category, namely the role in the form of facilitating preachers and ulama to take a religious approach. This article aims to analyze the role of mosque takmirs in preventing corrupt behavior in the scope of regional government. This article is organized based on descriptive qualitative research approach, the results of the research show that: there are two forms of activities that are generally carried out in government-wide mosques as a form of prevention against corrupt behavior. The first activity that researchers categorize as "heart control activities" is activities that sharpen the heart or activities that increase dhikr (remembering Allah) in the form of reading ratibul hadad, istigosah, tahlilan or sholawatan. In these two mosques, these activities are carried out as routine activities after morning prayers and on Friday nights. Controlling the heart with these dhikrs is a form of preventing deviant behavior that is most decisive for a person's behavior. Secondly, the activity that researchers categorize as "mind control" is thought processing activities which are mostly carried out in the form of presenting religious speakers (kiyai, ustazd) to convey religious advice. This preventive activity is carried out regularly every Friday and at on major Islamic religious holidays, the speakers presented in this activity are Islamic figures from Islamic organizations who have religious knowledge in the fields of fiqh, ushul fiqh, tafsir and other Islamic knowledge. So, the religious messages that are often conveyed by preachers are how humans have a fear of God's law which has been promised in the Koran and hadith as well as books of fiqh and tafsir.
ANALISIS TERHADAP ASAS FILSAFAT HUKUM ISLAM MENURUT BENI AHMAD SAEBANI
This paper aims to find out the principles of Islamic law, namely the foundation, origin and principles of Islamic law in the perspective of philosophy in ontological, epistemological and axiological studies. The method used is library research, and analyzes the data analytically, critically, contemplatively, logically, systematically, structured, so as to understand the foundation or principle of Islamic law comprehensively. The result can be understood that al-Hakim is God who makes law has created rules with His iradah. The existence of an objective knowledge is one that does not depend on the existence or absence of the subject's knowledge of the object of knowledge. So the knowledge of Allah, His Messenger, His books does not depend on human knowledge. So the Qur'an as a revelation in which there are laws of Allah's creation is true by itself, so it has nothing to do with justification by humans. The laws made by Allah, making humans as subjects and objects, the law of truth is timeless, so that what changes is not His product, but the interpretation of it. Mukallaf or mahkum 'alaih (people affected by the burden of taklif), namely people who have baligh (adulthood) and reason can distinguish good and bad. In the process of extracting the law from the texts of the Qur'an and Hadith, we need the knowledge of Tafsir, Hadith Science, Fiqh Science, Ushul Fiqh. This effort is called ijtihad. So the principle of Islamic law is based on revelation which has strong arguments based on rational, empirical, and scientific evidence.
LEGISLASI HUKUM EKONOMI SYARI’AH DI INDONESIA
Legislation is a process that takes place in legislative institutions, namely the creation and promulgation of laws and regulations. Islamic legal material can be included into the legislative process through a positivization mechanism. One of the sub-fields in the study of Islamic law is sharia economic law. Sharia economic law is a subsystem in the Islamic legal system which has experienced significant development over time. Therefore, there is a need for legal positivization through legal legislation efforts. The position of sharia economic law in the legal system has been implemented, as seen from the many institutions or economic institutions that are based on sharia values. There are several regulations in the field of sharia economic law that have been made by legislative institutions which originate from Islamic legal norms.
KEDUDUKAN LETTER C SEBAGAI JAMINAN HUTANG DITINJAU DARI HUKUM ISLAM
Collateral is one of the important principles that must be considered in debt agreements because it plays a role in providing legal certainty that the recipient of the debt will pay back his debts. Rural communities use Letter C as a substitute for land rights certificates including making them as a collateral for debt. In Islamic law, debt guarantees are included in the rahn contract. Letter C used as collateral for debt needs to be reviewed for its position so that Muslims know the validity of using Letter C as collateral for debt from the point of view of Islamic Law. What is the position of Letter C as collateral for debt in terms of Islamic law? To unravel these problems, normative legal research methods are used by collecting legal materials through library research. The result obtained is that the position of Letter C as collateral for debt in Islamic law is reviewed using a rahn contract where Letter C is allowed as collateral for debt because the Qur'an, hadith and sharia provisions do not prohibit it. Letter C may be used as collateral for debt because it complies with the principle of freedom (Al-Hurriyah) and the principle of agreement (Al-Ridha).
POLITIK UANG PEMILIHAN KEPALA DESA DALAM PERSPEKTIF MASYARAKAT TULUNGAGUNG
This research aims to find out and analyze community perceptions regarding the existence of money politics in village head elections and forms of money politics in village head elections. The research method used is an empirical research method consisting of primary data and secondary data. The research results of the two problems that the author examined are (1) Some people perceive that money politics or giving other goods in village head elections has become a habit that has occurred in Indonesia. (2) That there are various forms of money politics in society during village head elections, not only giving money, but also providing goods such as basic necessities and even giving school equipment which also occurs in the village head election process.
IMPLEMENTASI PERKEMBANGAN PEMIKIRAN EKONOMI SYARIAH DALAM MEWUJUDKAN LEMBAGA PERBANKAN SYARIAH DI INDONESIA
The rapid development of Indonesian sharia banking institutions is marked by a change in the paradigm of capitalism towards a paradigm of religiosity and collaboration of thought by ulama, intellectuals, Muslim entrepreneurs, and the needs of society regarding the importance of implementing economics in accordance with Islamic principles. The aim of this research is to clarify sharia economic thinking in creating sharia banking institutions in Indonesia. This research method uses a qualitative library research approach, in the form of a library study sourced from secondary data, consisting of a collection of theories, books and research results related to sharia economic thinking and the formation of sharia banking institutions. The research results show that the formation of Indonesian sharia banking institutions exists to answer the problems faced by the Muslim community related to the phenomenon of usury in the banking sector. based on sharia economic thinking, sharia banking institutions were formed to achieve benefits, namely fulfilling the goals of maqashid sharia including fulfilling religion, soul, reason, lineage and property, and in implementing the concept it is the result of the IDB mainstream school, where sharia banking institutions emerged when This is by modern economic developments which are then modified to conform to Islamic principles.
PEMISAHAN PENGASUHAN BAYI KEMBAR PASCA 40 HARI DI DESA PADEMAWU TIMUR KECAMATAN PADEMAWU KABUPATEN PAMEKASAN DALAM PERSPEKTIF URF
East Pademawu people, which is in majority Madurese owns a belief that non-identical twins (male and female) have been born then the twin's raising must be sperately done. They believe that there will be an illness or even death in the future experiencef by the either one of twins. In this research there are two formulated problem 1) What is the practice of separate raising of twins after 40 days in East Pademawu Village, Pademawu District, Pamekasan Regency? 2) What is the practice of seperate-twin raising after 40 days from the urf perspective in East Pademawu Village, Pademawu District, Pamekasan Regency? From the research findings, it can be concluded that the practice of separate raising of twins in East Pademawu Village, Pademawu District, Pamekasan Regency does not violate Islamic law and it is permissible to carry out this tradition among the community provided that society does not consider such a yradition as a belief that may lead to shirk. Separate raising of twins is included in 'urf shahih as long as it does not violate the existing rules, Islamic law, and regulations.
PENERAPAN AKAD SALAM DAN ISTISHNA’ DALAM PERNIAGAAN KONTEMPORER DITINJAU DARI AYAT DAN HADIS AHKAM
This paper aims to analyze the application of the salam and istishna’ contracts in contemporary business in terms of the ahkam verses and hadith. This research uses a literature method with a normative juridical approach, examining theories, concepts and regulations related to the salam and istishna’ contracts. The Data were collected from documents from sharia financial institutions and literature on greetings and istishna’, the Al-Qur'an, hadith and were analyzed using content analysis. The findings of the research show that the implementation of the salam and istishna’ contracts in sharia financial institutions as a contemporary business subject is in accordance with the provisions of the Qur'an Al-Baqarah verse 282. Moreovet, it has been carried out with a written agreement, recorded by an authorized official, namely a notary and carried out in the presence of two witnesses, in accordance with QS. An-Nisa verse 29. Another reason is that it does not contain elements of falsehood and is in accordance with the Hadith of the History of Ibnu Majah Number2185 and it applies the principle of like and like.
KHILAFAH DALAM PEMIKIRAN KH AHMAD BAHAUDDIN NURSALIM
This article explains the views of KH Ahmad Bahauddin Nursalim on “the khilafah” as prescribed in Surat An-Nur verse 55. The method used in this research is a qualitative research with a content analysis approach and using al-Ghazali's philosophy for analysing. This research analyzes the explanation of KH Ahmad Bahauddin Nursalim about the khilafah as presented in the video containing his study of the Book of Tafsir Jalalain. It was found in You Tube account entitled “Ngaji Gus Baha Jogja” with the theme “Makna Khilafah” in a video that lasts 1 hour, 25 minutes, and 35 seconds. This research found that KH Ahmad Bahauddin Nursalim believes that the promise of Allah about the realization of Islamic khilafah for the believers is likely to be realized in the future, not today. Hence, he advised those who had knowledge to be patient and not to fail in interpreting the verses of the Qur'an. Khilafah, for the time being, cannot be applied in Indonesia because of its highly multi-religious and multicultural demographic conditions. If the khilafah is applied, there is potential chaos that threatens the sovereignty of the country. The view of KH Ahmad Bahauddin Nursalim is a moderate one in the very harsh rejection of khilafah and not out of the original meaning of the text of Surat an-Nur verse 55. If reviewed from the theory of division categories of maslahat according to al-Ghazali in understanding the text about this khilafah, the view of KH Ahmad Bahauddin Nursalim that “khilafah is irrelevant for today's time” can be categorized as maslahat dzaruriyat; otherwise, then there will raise chaos. For further research, the author suggests that the view of Khilafah by KH Ahmad Bahauddin Nursalim can be compared with the views of other moderate scholars.
QAWL QADIM AND QAWL JADID (Study Of Ash-Shafi’i’s Legal Synthesis Model on Zakat)
One proof of the unique freedom of legal thought in the early days of Islam in the first Hijriah/7 AD and second Hijriah/8 AD centuries, was the emergence of a large collection of legal views that grew in various centers in Iraq, Hijaz, Syria and Egypt. One of them is the moderate Shafi'i school founded by Muhammad bin Idris Asy-Syafi'i. This research aims to describe the contextualization of Ash-Shafi'i legal events and thoughts regarding Qawl Qadim and Qawl Jadid, as well as to synthesize Ash-Shafi'i law when faced with different social conditions in society, while many legal cases have emerged that require solutions. law immediately. This research is in the form of qualitative descriptive research, using a literature review. The research objects of this research are writings and texts that describe and are related to this research using content analysis data processing methods from these writings. From the results of the analysis it was found that Ash-Shafi'i in carrying out legal synthesis, both in the context of Qawl Qadim and Qawl Jadid, did not only adhere to historical texts, but also used ra'yu, both of which were used in a balanced and parallel manner.
PERBEDAAN PENENTUAN WAKTU IMSAK BULAN RAMADAN: Telaah Ijtihad Ilmiah Berdasarkan Ketinggian Fajar Shadiq
The determination of imsak time during the month of Ramadan is crucial for Muslims in Indonesia, as it serves as a guideline for fasting. Imsak is a precautionary measure to ensure that sahur (pre-dawn meal) does not extend beyond its time and usually begins a few minutes before the Fajr (dawn) prayer. Differences in imsak schedules have been a point of contention, leading to confusion among the public. This research aims to analyze the variations in the determination of imsak time during Ramadan in Indonesia, with a focus on the standards for the height of the shadiq dawn. The article is composed, using library research methods by gathering relevant literature data. The research findings indicate that one of the main factors causing differences in imsak timing is the variance in the standards for the height of the shadiq dawn. This arises from differences in ijtihad (independent reasoning) regarding the sun's position at dawn between -20° and -18°. These different interpretations of the beginning of dawn affect imsak schedules, resulting in an approximately 8 minutes variation in imsak times across Indonesia.
POLEMIK PENERAPAN ATURAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG KETENTUAN WASIAT WAJIBAH
The existence of the articles on wills and testaments in the Compilation of Islamic Law has given rise to many legal disputes and disparities by judges. On the one hand, he confirms that he is an adopted child, on the other hand he denies it. As much, there is a need for clear rules regarding with adopted child recognized as a heir. The provisions on obligatory williay in the KHI are contrary to the text of the Al-Qur'an because adopted children are not included as heirs. The methodology in this research was library research using a descriptive qualitative approach. The focus of the research is to answer how the polemic occurred when and after the formulation of article 209 regarding the will of wajibah and what the ijtihad method was used as the basis in producing the provisions of the will of wajibah. The results of the research revealed the fact that there is no different opinion during the formulation of the KHI, no different opinion emerged after the formulation of the KHI by two groups of thought from Islamic law academics or Indonesian Islamic organizations regarding the provisions of mandatory wills, regarding the following thouhgts: First, the text-based group, namely the group that opposed the provisions of the will of wajibah because it violates the nas qat'i. Hence, it is necessary to revise and improve the dictum of article 208, including the application of the article wasiat wajibah with the condition that it is approved by the heirs, the heir leaves a large amount of assets and the adopted child's share cannot exceed the smallest share among the true heirs; Secondly, the group has an assimilative pattern, fully accepting the will of wajibah with a new interpretive approach by proposing revisions. The Ijtihad method in article 209 is a form of combining intiqo'i (selective) ijtihad with insha'i (creative) ijtihad.
POLIGAMI DALAM PEMIKIRAN KH HUSEIN MUHAMMAD PERSPEKTIF SOSIOLOGI HUKUM
Polygamy has been interestingly discussed and giving rise to pros and cons with its all related arguments until now. This paper aims to analyze polygamy based on the thinking of KH Husein Muhammad and is strengthened by the theory of legal sociology. This research is qualitative, particularly the type of library research, and uses a conceptual approach. According to KH Husein Muhammad's thought, polygamy is not a practice born out of Islamic tradition. Islam did not initiate polygamy. Long before Islam came, the polygamy tradition had become a form of patriarchal civilization practice. According to KH Husein Muhammad, there must be an effort to reconstruct the Marriage Law related to polygamy. The phenomenon that is often encountered is a bad situation due to polygamy which can gradually harm the future of the nation's generation. This situation is immediately resolved by all parties, both the public and the state, through the improvement of laws or regulations. Referring to the process of gradual improvement as exemplified by the al-Qur'an for many cases, including cases of slavery, it is time for the process towards monogamous marriage to be carried out. Although the Qur'an mentions the issue of polygamy in Surah an-Nisa'(4): 3, however, there is a Hadis of the Prophet Muhammad that opposed Ali bin Abi Talib's plan to polygamy on Fatimah ra. KH Husein Muhammad criticized several manhajs of polygamy by arguing that monogamy rejects more harm than polygamy does. Therefore, monogamy must take precedence to be implemented because polygamy which causes arbitrary actions and endangers his wife and children must be avoided, in accordance with a sociological view of law, namely looking at law or norms from a social aspect.
MENAKAR KEADILAN DALAM PENYELESAIAN UTANG BERSAMA PASCA PERCERAIAN MELALUI PUTUSAN HAKIM DI PENGADILAN AGAMA BLITAR
This article examines the decision of the Blitar Religious Court in a joint debt case in terms of the principle of justice. The lack of clarity regarding the provisions for sharing joint debt in Indonesian civil law has encouraged judges to do legal reasoning. The subjectivity of judges in interpreting the values ​​of justice has given rise to disparities in the legal construction of judges in joint debt cases. This research is an empirical juridical research using a case approach and a philosophical approach. The results of the study show that the panel of judges at the Blitar Religious Court determines the distribution of shared debt equally (half-half) in all cases. The division of joint debt at the Blitar Religious Court can be classified into two. First, the decision is considered to have given a sense of justice because each party has made an equal contribution to the family and the division of debt is given in a balanced manner. Second, the decision is considered to lack justice because the contribution of each party in the family is not the same but the distribution of the debt is given equally.
DINAMIKA PARADIGMA FALAKIYAH NAHDLATUL ULAMA
In determining the beginning of the Hijri month, Nahdlatul Ulama (NU) is known as a user of the rukyah al-hilal method with hisab as a support. However, after NU's 34th congress in Lampung in 2021, NU formulated the concept of qath'iy al-rukyah which is characterized by pure hisab. This shows the dynamics of the NU falakiyah paradigm. This study aims to describe chronologically and historically the dynamics of the NU falakiyah paradigm. The method used in this research is a literature search. The approach used in this research is Thomas S. Kuhn's paradigm theory to analyze how the NU falakiya paradigm develops. The results of this study indicate that in the history of NU, the NU falakiyah paradigm developed dynamically where at its inception there were elements of NU who used pure rukyah (normative paradigm) and some who used pure hisab (rational paradigm). This happens because there is no organizational stipulation to use a certain method in determining the beginning of the Hijri month. In the next period NU decided organizationally to use pure rukyah (normative paradigm), then use rukyah supported by hisab with imkan al-rukyah (normative-rational paradigm) but in certain cases NU used pure hisab with the criteria of qath'iy al-rukyah (paradigm purely rational). The dynamics of the falakiyah paradigm does not only occur organizationally in the NU falakiyah paradigm, but also occurs within the body of NU where there are a group of NU elements who use pure rukyah and also pure hisab which of course is not in accordance with the NU falakiyah paradigm organizationally.