al-Rasῑkh: Jurnal Hukum Islam

Criminal Sanctions for Extortionists in the Perspective of Positive Law and Islamic Criminal Law: A Comparative Analysis

2024-12-03T01:45:30+00:00

Illegal levies (extortion) are a form of corruption that harms the public and weakens trust in public institutions. This research aims to analyze criminal sanctions against extortionists in the perspective of positive law and Islamic criminal law and compare their approaches. The research method uses a qualitative approach through literature study of legal literature, regulatory documents, and interpretation of fiqh books. The results showed that in positive law, extortion is categorized as a criminal act of corruption with severe criminal penalties under the Corruption Eradication Law, such as a minimum prison sentence of 4 years to a maximum of 20 years, and additional penalties such as fines. Meanwhile, in Islamic criminal law, extortion is categorized as jarimah ta’zir with flexible sanctions adjusted by the judge, such as dismissal from office or return of extortion proceeds, which aims to maintain the public interest. The comparison shows that positive law focuses on deterrent effects and system protection, while Islamic law emphasizes moral justice and restoration of community rights. This research contributes to offering an integrative approach that combines the power of positive law and the values of Islamic law, in order to eradicate extortion effectively and fairly.

Practice of Credit System for Goods Without Time Period According to Sharia Economic Law

2025-03-07T13:46:11+00:00

Uncertainty in a transaction can be one of the factors leading to problems. Time is closely related to sales transactions using a credit system. If the payment period is not specified, it will certainly lead to ambiguity. This study aims to understand the practices and perspectives of Islamic economic law concerning the credit goods system without a specified deadline. The article employs a conceptual approach with a type of juristic-empirical research. The findings indicate that the credit goods system without a specified deadline implemented in Sambirejo village has become a solution for the community to meet their needs through weekly installment payments without a defined timeframe for payment. However, when analyzed through the lens of Islamic economic law theory, this practice may lead to losses due to buyers' negligence in making installment payments, sometimes even disappearing. Additionally, this practice does not align with the principles of justice and trust. The validity of the contract has not been achieved because it fails to meet the requirements for credit sales, and scholars assert that credit contracts containing ambiguity regarding the payment timeline are considered invalid. Therefore, this research is expected to provide a deeper understanding of the suitability of the credit goods system without a specified deadline as it exists in the field of Islamic economic law.

Reviving the Past: The Role of Sharia in Preserving Forgotten Customs within Islamic Culture

2025-03-23T08:05:25+00:00

Islamic law not only acts as a legal system, but also as an instrument in maintaining cultural identity and maintaining the continuity of tradition in Muslim society amidst the flow of globalization. This study aims to reveal the position of customs in the Islamic legal system. This study uses a qualitative method with a normative and sociological juridical approach. The results of the study found that Islamic law is universal and permanent, while customs are local and dynamic. In customary practices, there are those that are acceptable and in line with Islamic law (úrf sahih) such as customary practices in the implementation of aqiqah and marriage which show that customs can coexist and there are also customary practices that are not in line with sharia principles (úrf fasid) which must be abandoned. The principle of consistent sharia states that customs can be used as a basis for determining laws and this shows that Islamic law has accommodated customary practices that are in line and rejected practices that conflict to ensure that the applicable legal system is in accordance with divine values and upholds dignity and human values and avoid potential conflict between the two.

Actualization of the Reverence of Santri to the Kiai in Choosing a Life Partner in Pesantren

2025-03-23T07:58:27+00:00

Choosing a life partner is an important decision in a Muslim's life and must be made with consideration of Islamic teachings. In a pesantren environment, the relationship between santri and kiai plays a crucial role in this decision-making process, where the kiai serves not only as a teacher but also as a respected spiritual figure. This study aims to explore the influence of students’ devotion to their kiai in selecting a life partner at the Pesantren Habib Sholeh bin Alawi al-Haddad in Kubu Raya. The research employs a qualitative methodology using a case study approach, involving observations and in-depth interviews. The findings reveal that kiai emphasizes the importance of kafa’ah, or equality, in terms of religion, wealth, and behavior as criteria for choosing a life partner, with a strong emphasis on religious compatibility as the primary factor. Additionally, students demonstrate their devotion by following the kiai’s guidance, even when it may differ from their personal preferences. This research contributes to a better understanding of the dynamics of partner selection in pesantren contexts, highlighting the unique relationship between students and kiai as a foundation for family values.

Unrecorded Waqf Land: A Socio-Legal Study of the Phenomenon of Security without Administration

2025-03-23T07:53:51+00:00

Waqf land plays an important role in the social and economic development of the community, but its administrative registration is still an obstacle. This study examines the phenomenon of unregistered waqf land but free from disputes in Kepenghuluan Pondok Kresek, Kepenghuluan Tanjung Sari, and Kepenghuluan Sri Kayangan, Tanjung Medan District, Rokan Hilir, Riau. This study aims to identify factors that cause unregistered waqf land, understand social, cultural, and legal influences, and provide recommendations to increase awareness of the importance of recording waqf land. The research method used is a qualitative approach with a socio-legal method. Data were collected through in-depth interviews, observations, and related document studies. The results and conclusions of this study indicate that the main factors for unregistered waqf land are the lack of understanding of waqf law in the community, the lack of socialization from PPAIW, and the strong customary customs that consider waqf valid without registration. Oddly enough, no waqf land disputes were found in the area, due to the role of traditional leaders and the high level of community trust in the traditional system. This study recommends increasing the socialization of waqf law and facilitating the registration of waqf land.

Reformulating the Concept of Ihdad in the Contemporary Era: A Review of the Concept of Ihdad According to Jurisprudence Scholars

2025-03-26T13:48:34+00:00

The importance of a more contextual understanding of Ihdad (the mourning period for women after the death of their husbands) is emphasized, considering the ongoing social and cultural changes. Although it has strong roots in Islamic law and has been widely discussed by ulama, its application in contemporary era requires a more relevant approach that aligns with the conditions of modern society while maintaining the essence of the underlying teachings. This research aims to revisit the concept of Ihdad from a jurisprudential perspective and to explore the possibility of its adaptation to remain in harmony with the needs and realities of today’s Muslim women. The methodology used is a literature study, collecting data from books, journals, and scientific articles, which is then explained descriptively. The findings indicate that, first, ulama have differing views on Ihdad, yet they all mandate it under specific conditions for the well-being of widowed wives. Second, regarding Ihdad in contemporary era, it is explained that Islamic traditions have been adopted by Muslims since the time of Prophet Muhammad. From the first week of life to the present, they have been characterized by a strong sense of dignity, even if it requires traditional forms. This research contributes to providing a more inclusive and relevant understanding of Ihdad as part of the dynamics of jurisprudence and the lives of modern Muslim women.

Reinterpretation of the Meaning of Jihad within the Framework of National Jurisprudence

2025-01-18T06:52:15+00:00

The misinterpretation of the concept of jihad in Islam has led to significant negative effects on both the Muslim community and the image of Islam globally. The term jihad is often mistakenly viewed solely as a holy war associated with violence, which has become the root cause of various conflicts between Muslims and other communities. This misunderstanding fails to capture the broader essence of jihad, which encompasses moral, spiritual, and social dimensions. This study aims to reinterpret the meaning of jihad within the framework of national jurisprudence, contextualizing the concept to align with modern challenges. The research method employed is library research, utilizing primary and secondary sources, including religious texts and scholarly articles. The findings indicate that jihad should be understood as efforts directed toward achieving progress and social justice, focusing on combating corruption, social injustice, and defending national sovereignty. Furthermore, jihad in the educational sphere aims to enhance the quality of education, fostering an informed society that contributes to national development. The contribution of this research is to provide a nuanced understanding of jihad that promotes peace and national unity, while countering radical interpretations.

Gender Equality in the Household Life of Generation Z

2025-04-08T12:52:57+00:00

Generation Z has grown up in the digital era with broad access to information, including discourses on gender equality. In the context of family relationships, this generation demonstrates a shift in values and practices compared to previous generations. This study aims to explore how Generation Z couples perceive and practice gender equality within the household. The research employs a descriptive qualitative method with a phenomenological approach, using in-depth interviews with married Generation Z couples. The findings reveal that these young couples exhibit a relatively high awareness of gender equality principles, as reflected in a more balanced distribution of domestic roles and childcare responsibilities. Women tend to be more vocal in expressing their expectations for equality, while men show a degree of openness to shifting traditional gender roles, although patriarchal values still exert significant influence. The study concludes that gender equality practices among Generation Z couples have made substantial progress, yet continue to face challenges through ongoing negotiations with deeply rooted cultural norms. This research recommends further studies with broader participant diversity and interdisciplinary approaches to capture the long-term dynamics of gender equality within modern family relationships.