Ahkam: Jurnal Hukum Islam
ISSN / EISSN : 2303-1905 / 2549-1075
Published by: Martabat : Jurnal Perempuan dan Anak (10.21274)
Total articles ≅ 110
Latest articles in this journal
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.105-128
This paper compares the legal verses of polygamy in Saudi Arabia, Pakistan, and Indonesia. Apart from the controversy considered as detrimental and degrading to women, term of polygamy is not as easy as Westerners think in the license process. This study compares legal verses, licensing procedures, fines, either imprisonment or punishment, to husbands who violate the applicable regulations. Therefore, this research serves as evidence talthough polygamy is permitted, the procedures and requirements regulated by Saudi Arabia, Pakistan, and Indonesia contain elements of protection and respect for women. The method is qualitative with the library type. This research is classified as a co-comparative approach, which is a study that compares one legal case between several countries. The results are: 1) in Saudi Arabia, polygamy is still based on the classical Islamic fiqh school of Imam Hambali. Therefore, polygamy is not so much a concern in parliament that there is no legal reform there. As a result, polygamy is very free and tends to harm women. 2) in Pakistan, polygamy is also based on Islamic teachings, it's just that there is a legal reform that states that there must be written permission from the Arbitration Council if a husband wants to do polygamy. 3) in Indonesia, polygamy is very complicated, because basically the Marriage Law No. 16 of 2019 concerning Marriage contains the principle of monogamy. In addition, polygamy can be carried out by the husband if he has received permission from the wife and the board of judges in court.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.55-80
This study aims to reveal the application of the rule of intent and its relevance of determination intentional murder in Islamic law. The approach used in this research is library research, with the data collected by literatural technique. The process of data analysis was carried out by descriptive-analytical techniques. The results of this study indicates that the rule of intent in Islamic law is an important instrument to determine the element of intent in a murder case. Practically, the rule to reveal the existence of a murder intent is to look into several things, including through the tools used to kill and the existence of hostility or disputes between the perpetrator and the victim before the murder occurred, where this can be used as a legal fact to explore the element of intent in the murder. Element of intent used as a prove for the perpetrator so be punished in the form of qishash.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.81-104
Buying and selling which are conducted in muamalah form must hold on to the principles of Islamic law. Concomitant to technological developments, buying and selling also has developed by arise of online marketing. Online marketing allowed in islam as buying and selling conventionally. In online marketing, there is dropshipping system, which is the seller (dropshipper) can sells goods belongs to supplier by uploading images of the goods via internet. Dropshipping in an online marketing has weaknesses, so to minimize these weaknesses, in practice of dropshipping must be in accordance with maqashid syari'ah, which aims for the benefit. Dropshipping in an online marketing conducted through 2 (two) contracts are salam contract which is a contract between the seller (dropshipper) with the buyer, and wakalah contract which is a contract between the seller (dropshipper) with the supplier.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.27-54
This research purposed to reveal the main concept of radd used in Indonesian Law according to KHI 193. This article focused on rights of a husband or a wife on radd and balanced distribution based on the opinion of Religious Court of Yogyakarta. This is a field research that used judges from Yogyakarta’s Religion Court as responden. This is a normative-descriptive research, with the theory of legal finding and legal interpretation to discuss the opinions of judges. The result of this research shows that (based on KHI 193) there are two interpretations of radd. First, either a husband or a wife should get the excess share of inheritance based on many interpretations. Grammatically, there is no exception for a husband or wife to get the excess share. Analogically, they have the rights on radd because it is equated with the concept of ‘aul, where husband and wife’s rights are reduced. Historically, judges accomodates the opinion of Uṡman who gave the spouses the right of share excess. Second, spouses have no right on excess share. Historically, there was an ijtihad made by jumhur considered that marital relationship ended by the decease of spouse. They accomodate the balanced distribution means that excess share is distributed proportionally based on each part.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.129-154
This research was conducted to find out for how the shifting of marriage customs values that occurred in Gorontalo during the Covid-19 Pandemic. This research will provides an information on the factors causing the shift in the tradition of traditional marriage values in Gorontalo. This research uses qualitative methods and uses data collection techniques carried out by observation and interviews. The results of this study can be concluded that the marriage customs during the Covid-19 Pandemic that occurred in the Gorontalo community experienced a shift, time and form of presentation. This is also due to modernization which presents a new transformation in the implementation of traditional marriage in Gorontalo. Apart from the factor of the Covid-19 which affects changes in traditional customs and culture, there are also other causes, such as; economic factors, the factors of progress contaminated by art, new cultures, and the dynamics of interpretation of religious understanding.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.155-174
In Indonesia, one of the institutions authorized to issue fatwas is the Indonesian Ulama Council (MUI). MUI is an institution with the role and authority to issue fatwas for Indonesian citizens who are diverse in Islam which are not mentioned in the Al-Quran and Hadith. Although not all groups can accept the fatwa issued by the MUI or there are reaping criticism and controversy by some circles, the influence and role of the MUI fatwa are considerable in maintaining the peace of the Indonesian people. Departing from this, it is essential to see fatwas based on the characteristics and essence of fatwas on Islamic economic law. This paper is conducted in qualitative research. There are several approaches used in this paper, namely, the normative approach, the historical approach, and the political approach. This paper aims to reveal the characteristics and essence of fatwas on sharia economic law in Indonesia. The analysis results show that fatwas as a product of Islamic law are identical to fiqh and have inherent specific characteristization. In essence, a fatwa can become state law if there is recognition through competent state institutions.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.1-26
Calendar had a function as a regulator of community activities, both civil and religious activities. The Islamic calendar which whom established by Prophet Muhammad by adopting Lunar system also had a civil function. The Islamic calendar also had a major element to prescribe the timing of worships such as the time of fasting and Hajj. The Shamsi Hijri Calendar of Iran and the Ahmadiyya Community were calendars based on solar system which the beginning of the year starts from the Hijrah of Prophet Muhammad. The Iranian calendar dates back to ancient Persian times while the Ahmadiyya calendar is an adoption of the Gregorian calendar labeled by the symbols of Islam. Viewed from the perspective of Siyasah Shar'iyyah, the two calendars designed so each of community gets maslahat according to paradigm of each authorities. The Iranian Hijri Shamsi Calendar designed for the Iranians to keep their identity as Persians as well as to show their Islamic identity and shiáh characteristics. The Ahmadiyya calendar designed as an effort to Islamize the Gregorian calendar aside from an effort to internationalize this Jamaah and also as a symbol of relationship between Mirza Ghulam Ahmad, the founder of Ahmadiyya and Prophet Jesus Christ since Mirza Ghulam Ahmad also pronounced as Messiah as what it seems in Prophet Jesus. In the framework of al-siyasah al-Shar'yyah, the Iranian Hijri Shamsi calendar design is not as problematic as this calendar for religious purposes nor to the Ahmadiyya calendar, as both calendars were nothing more than a civil calendars.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.175-192
Marriage is an inner and outer bond based on the rules of religion and the laws between a man and a woman to constitute both inner and outer happy family. However, the high number of failing cases and divorce decisions in the Religious Court shows that there are various factors that might be a trigger to the failure of a marriage. A number of divorce cases data in Tulungagung Regency shows 225 divorce cases per month with an average of 20 lawsuits every day. The data in 2017 show that out of 3,114 divorce cases 2,150 cases were filed by women. The results of the analysis show that the high divorce rate is one of the dominance factor of dispute or quarrel (syiqoq) which was triggered by the following reasons; economy, one party leaves another party, continuous disputes, domestic violence, adultery, drunkenness and gambling. The high interest of the people of Tulungagung Regency who work as both Indonesian workers and female workers (TKI/ TKW) allegedly contributed to high divorce rate by the reason of syiqoq.
Ahkam: Jurnal Hukum Islam, Volume 9; https://doi.org/10.21274/ahkam.2021.9.1.193-218
Most of salt farmers consider the result of salt ponds are assets which are unnecessarily required to pay zakat. It iss because the result of salt ponds are not assets which are mentioned explicitly in the quran verse as assets that must be issued to zakat. Therefore, the author tries to study the zakat law from the result of salt ponds from the perspective of maqasid al-sharia by Abdul Majid al-Najjar. It is known from the result of this study that in the zakat resulting from salt ponds there is a maqasid al-kulliyah (realizing the welfare of the people and the distribution of wealth), maqasid al-nau’iyah (giving a rise to a sense of solidarity and enthusiasm to help each other between the rich and the poor), and maqasid al-juz'iyyah (purifying wealth and self, as well as cleaning charity and result of operations). The result of salt ponds are assets for which zakat must be issued and are categorized as commercial assets based on several reasons, namely: first, there are maqasid that must be realized; secondly, it is kasab; third, the result of salt ponds are not bound by the obligation of other zakat in essence; fourth, it intention/purpose to be sold; and fifth, the fulfillment of ‘illat zakat, which is al-nama’ (growing).
Ahkam: Jurnal Hukum Islam, Volume 8; https://doi.org/10.21274/ahkam.2020.8.2.397-414
Many Muslims who come out of their religion and embrace other religions with a variety of motives and reasons depending on their respective interests. This phenomenon seems to be a trend and lifestyle in the midst of the swift currents of globalization, democratic life, respect for Human right and religious freedom. In Islamic Criminal Law, apostasy (murtad) is a crime that is included in jarimah hudud. The punishment for apostates/riddah is the death penalty, and in the hereafter will get a reply in hell, this is in accordance with the message contained in the Qur'an and the Hadith of the Prophet Muhammad. This article explains the differences of opinion of the ulama regarding the punishment for the perpetrators of riddah / apostasy. Al-Qur'an does not specifically explain the punishment for apostates, it only stipulates the vanity of charity and in the hereafter will be given severe punishment. In the hadith of the Prophet which expressly punishes apostates with the death penalty. From the two sources of Islamic law as if there was a conflict. Therefore, it is very interesting to study considering that the problem of riddah is one of the problems in the study of Islamic criminal law which is always a concern of ulama and experts in contemporary Islamic law. Keywords: Riddah/Apostasy, Death penalty, Jarimah, Ta`zir