Ahkam: Jurnal Hukum Islam

DINAMIKA PARADIGMA FALAKIYAH NAHDLATUL ULAMA

Ahmad Musonnif — 2023-10-27

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.

ANALISIS TERHADAP ASAS FILSAFAT HUKUM ISLAM MENURUT BENI AHMAD SAEBANI

Nur Mahmudah — 2023-11-13

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.

MENAKAR KEADILAN DALAM PENYELESAIAN UTANG BERSAMA PASCA PERCERAIAN MELALUI PUTUSAN HAKIM DI PENGADILAN AGAMA BLITAR

Rohmawati R — 2023-11-17

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.

KONSEP KONSEP KEPENGASUHAN PERSPEKTIF HUKUM ISLAM

Muh Wasith Achadi — 2023-11-17

This study is conducted based on the condition that there is yet no consensus on the concept of hadhanah among the ulama'. The study on hadhanah is important since it concerns with the future life of children. This study focuses on Sayyid Sabiq's thoughts dealing with hadhanah in his monumental work, Fiqh As-Sunah. The study employs a library study using a qualitative approach. Meanwhile, the data collection method uses the documentation method and the data analysis uses thematic analysis from the various relevant sources. The results of this study reveals that: (1) The scope of hadhanah according to Sayyid Sabiq includes the meaning, the rights, the wages, the deadline, the autonomy to choose to whom the children go with when they are adults, conditions for hadhin, and the order of relatives who have the right to care of children, (2) The requirements for raising children are sound mind, mature, having the ability and skills to educate children, trustworthy and having good character, Muslim, unmarried and independent, (3) The influence of the four Imams on Sayyid Sabiq's hadhanah concepts includes opinions four Imams regarding to hadhanah, differences and similarities between the four Imams regarding to hadhanah. Finally, it can be concluded that Sayyid Sabiq's thought on hadhanah tends to be similar to that of the Hanafi and Syafi'i, stating that the mother is the most important and first person to educate and raise for children. The next right goes to grandmother and so on in the mother's family side, then to the father's family side.

TAMBAHAN BIAYA PADA TRANSAKSI PEMBAYARAN SISTEM PAYLATER DI MAKETPLACE DALAM PERSPEKTIF AKAD MUAMALAH KONTEMPORER

Muflihatul Bariroh — 2024-01-05

This article aims to examine in depth and try to emphasize understanding regarding the emergence of a discourse and debate among the Muslim community regarding the legality of the paylater practice which has raised doubts among Muslims because several previous literatures stated that the use of the pay later method is prohibited because of the additional costs of the total principal expenditure which is indicated contains usury. Paylater itself or the pay later system is one of the new digital payment systems in today's marketplace without using a credit card. Paylater offers convenience facilities for platform users in shopping so they can make payments at a later date. This research method is a qualitative type which is prescriptive descriptive using an instrumental case study type approach. This approach is used to express a deep and detailed picture of a situation or object, where the author aims at a deep understanding of an issue or reformulating a theoretical explanation. The research results show that additional costs in the paylater payment system by platform users have not automatically considered usury. Through in-depth understanding, with the option of using a taqsith sale and purchase contract and/or a kafalah bil ujrah contract, the addition of the paylater payment system can be justified. These additional costs can act as a margin in buying and selling or can act as a fee or reward in a kafalah bil ujrah contract, such as fees in sharia card practices.

MEMPOPULERKAN PROSEDUR HAK CUTI HAID DAN IMPLIKASI HUKUMNYA BAGI PEKERJA PEREMPUAN DI INDONESIA

Muhammad Hoiru Nail — 2023-11-19

Female workers get privileges in the form of menstruation leave rights which are not owned by male workers. This privilege is certainly not a form of discrimination in the world of work but is a strong consideration of the biological nature of female workers. The problem that will be studied is how the flow/steps for applying for menstruation leave for female workers and what are the legal implications if the company does not exercise the right to leave for menstruation. The methodology used is normative legal research. Female workers are required to have a doctor's certificate as a condition for applying for menstruation leave at the company, there are criminal sanctions and fines that can be threatened with companies that do not give permission for menstruation leave for female workers.

PANDANGAN PENGHULU DI KABUPATEN AGAM DAN TINJAUAN MAQASHID SYARIAH TENTANG PENGGUNAAN TEKNOLOGI INFORMASI DALAM TAUKIL WALI NIKAH

Reviko reviko — 2023-11-29

Taukil wali nikah through information technology means the delegation of power and authority by the marriage guardian to another in the marriage contract by using information technology. This research aims to describe the implementation of taukil wali nikah through information technology and the opinion of penghulu in Agam Regency from the perspective of maqashid sharia with focus on two questions; first, how is the implementation of taukil wali nikah through information technology in Agam Regency, second, how is taukil wali nikah through information technology according to the opinion of the penghulu in Agam Regency from the perspective of maqashid syariah. This research use desciptive qualitative approach. Data collected through interviews and documentation. There were two penghulu opinions; Firstly, its use is permitted for reasons of convenience and technology use. This is in line with the maqashid sharia as an effort to maintain brides propoerty at the hajiyyah level. Second, its use must not be for the reason of avoiding marriage guardian identity and legal certainty in registering marriages. This is also in accordance with the maqashid sharia as an effort to maintain descendants at the tahsiniyyah level. In this condition, implementing taukil wali nikah through information technology is preferred over not implementing it.

POLITIK UANG PEMILIHAN KEPALA DESA DALAM PERSPEKTIF MASYARAKAT TULUNGAGUNG

Muksin . — 2023-11-30

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.