Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah 2024-02-22T22:06:05+00:00 Herianto Open Journal Systems Jurnal Ulumul Syari Jurnal Ilmu Hukum & Syariah LPPM STIS Hidayatullah Tinjauan Kritis Implementasi Wasiat Wajibah Beda Agama dalam Hukum Waris Islam di Indonesia 2023-12-26T04:06:31+00:00 Aco Wahab Imam Kamaluddin <p>This article aims to understand the implementation of mandatory bequests (wasiat wajibah) for interfaith heirs in Indonesia and the arguments supporting it, as well as critique the implementation. This study is a library research using a qualitative approach. Primary data sources were obtained from the Supreme Court of Indonesia’s decision No. 368.K/AG/1995, related decisions, and the Compilation of Islamic Law. The implementation of mandatory bequests in Indonesia has experienced an expansion of meaning as seen in the Supreme Court's decision No. 368.K/AG/1995, which grants inheritance to interfaith heirs through mandatory bequests. This decision has subsequently become jurisprudence used by judges in resolving similar cases. The decision aims to ensure the welfare of all heirs; however, it contradicts the hadith prohibiting inheritance between people of different religions. Moreover, the Supreme Court’s decision allows interfaith heirs to receive inheritance through mandatory bequests, leading to the perception that religious differences are not a barrier to obtaining inheritance</p> 2024-06-13T00:00:00+00:00 Copyright (c) 2024 Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah Women’s Domestic Role Based on Islamic Teachings (Classical Fiqih) and Local Culture 2023-06-20T12:05:47+00:00 Saiddaeni Saiddaeni <p>Islam and Feminism, both are perceived as incompatible. However, this view is sadly only generated by the Western when they see Islam in the Middle Eastern. It even misleads when the Western has been only looking for particular countries which practice conservative and textual Islam. In reality, Islam put women in a respectful position, and though Islam has different points of view from some points in feminism, it does not mean they are against each other. Here in this paper, I tried to analyze a comparative study between how our Indonesian culture and how Islamic teachings perceive the role of women in their domestic reality.&nbsp; Here we make structure our paper starting with an introduction, later we talk about classical Fiqih. The reason why we choose classical Fiqih is that we want to understand the root of Islamic teachings on the blatant reality so we can understand how Islam sees a woman in reality. Later, we will discuss a comparison between our culture in general and Islamic Teaching so we will have insight into which one is part of our culture and which one is purely Islamic teachings. From our findings, we found that our culture and Islamic teaching have relatively similar points of view on women’s role in domestic reality. However, the conservative approach is coming from misunderstanding and, people's attitudes to mixing Islamic teachings with their Khawarij culture which is not a real Islam yet because people from outside of the Islamic world do not understand, they tend to think it is a real Islam which is giving Islam a bad reputation.</p> 2023-07-02T00:00:00+00:00 Copyright (c) 2023 Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah Relevansi Pemikiran Hukum Imam Malik Dengan Konteks Indonesia Tentang Pernikahan Beda Agama 2023-06-20T12:20:15+00:00 Kusnadi Kusnadi <p>This article aims to explain the legal product of Imam Malik in a sociological perspective and its correlation with the Indonesian context. Imam Malik studied in the city of Medina. The legal issues in Medina were not as complex as those in Iraq. In determining the law, he first based his ijtihad on the zahir texts and used more hadiths. Imam Malik used this method because he was influenced by the social and political conditions of the city of Medina. The Ijtihad method used by Imam Malik is the Koran, As-Sunnah, al-Ijma', al-Qiyas, amalu ahl al- Madinah, qaul as-Shahabah, istihsan, al-Maslahah al-Mursalah, Muratul Ikhtilaf, syadd az- Zariah, syar'u man qablanah. As for the legal product of Imam Malik related to the issue of interfaith marriage, Muslim men marrying women of the Ahlul Kitab who adhere to Judaism and Christianity is makruh, because they eat things that are forbidden, such as pork and drinking intoxicants, and children who are born sometimes follow their mother's religion. As for its relevance to the legal context in Indonesia, interfaith marriages are more prohibited, except for Muslim men and women of the Ahlul Kitab by Imam Malik, who are considered makruh. This decision is relevant to KHI provisions, MUI decisions, and Muhammadiyah Tarjih Council decisions.</p> 2023-08-03T00:00:00+00:00 Copyright (c) 2023 Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah Al-Hadm dalam Talak Bain Sughra Menurut Imam Malik 2024-02-22T22:06:05+00:00 Ahmad Altafiah Lilik Andrayuni <p>Imam Malik and Abu Hanifah have different opinions regarding divorce (talak). According to Imam Malik, talak one and talak two are not nullified if a woman marries another man and then returns to her first husband. Only talak three can nullify the previous divorces. Abu Hanifah believes that such a marriage can nullify talak three as well as the preceding divorces before talak three is pronounced. This research is a literature study using a normative approach to determine the legal basis for nullifying the number of divorces in specific situations. The deductive-inductive method is employed to draw conclusions from the research findings. Imam Malik utilizes various sources, including the Qur'an, Sunnah, ijma' Ahl Madinah, fatwas of the Companions, khabar ahad, qiyas, istishan, Al-maslahah Al-mursalah, and sad al-Zara'i, to establish the legal rulings. He refers to the fatwas of the Companions, particularly the jurisprudence of Umar Ibn Khattab, to explain al-hadm (continuation of the remaining divorces) in talak sughra. The purpose is to encourage husbands and wives to exercise caution and not misuse divorce, providing an opportunity for husbands to mend the broken bonds of marriage. However, Imam Malik's opinion is less relevant to the development of Islamic law in Indonesia. In Indonesian marriage fiqh, talak three nullifies the preceding divorces, aligning with the opinion of Abu Hanifah based on the Qur'anic foundations.</p> 2024-04-22T00:00:00+00:00 Copyright (c) 2024 Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah Persepsi Dosen Putri Sekolah Tinggi Ilmu Syariah Hidayatullah Balikpapan Tentang Pelayanan E-Commerce Shopee Perspektif Etika Bisnis Islam 2022-12-17T01:30:21+00:00 Sitti Ramlah Istiada Istiada Maftuha Maftuha <p>This research aims to understand the perception of lecturers regarding Shopee's E-commerce services from the perspective of Islamic business ethics. This type of research uses qualitative methods with data collection techniques through interviews. The data collection method involves observation followed by distributing questionnaires. The subjects of this research are lecturers who use Shopee E-commerce. The results of the study show that generally, all lecturers feel that Shopee's E-commerce service is good. However, there are also some situations that cause dissatisfaction among the lecturers. Factors influencing the lecturers' perceptions include service quality, product quality, price, convenience, and emotional factors. From the perspective of Islamic business ethics, lecturers are generally not satisfied. The interviews revealed that Shopee still engages in actions that harm customers, such as ordered items not matching the displayed images, swapped packages, and lack of supervision by Shopee regarding seller honesty.</p> 2024-06-11T00:00:00+00:00 Copyright (c) 2024 Ulumul Syar'i : Jurnal Ilmu-Ilmu Hukum dan Syariah