https://jurnal.unissula.ac.id/index.php/ua/issue/feedUlul Albab: Jurnal Studi dan Penelitian Hukum Islam2024-02-26T12:41:56+08:00Mohammad Noviani Ardijurnalululalbab@unissula.ac.idOpen Journal Systems<p> </p><p><img style="padding-right: 10px;" src="http://jurnal.unissula.ac.id/public/journals/46/journalThumbnail_en_US.png" alt="" width="150" align="right" /><strong>ULUL ALBAB: Jurnal Studi dan Penelitian Hukum Islam</strong><strong> (JUA) </strong>is a peer-reviewed journal by Department of Sharia, Faculty of Islamic Studies, Sultan Agung Islamic University in collaboration with Indonesian Islamic Family Law Lecturer Association (ADHKI). The journal is aimed at spreading the research results conducted by researchers, academicians and practitioners in the field of financial asset management in Islam with an Islamic legal approach. The journal is an academic journal published twice a year (October and April) with emphasizes specification in the study dan reserach of Islamic Law (Sharia).</p><p> </p><p>This journal has become a <strong><a href="https://bit.ly/jurnalua4" target="_blank">CrossRef Member</a></strong>, therefore, all articles published by ULUL ALBAB: Jurnal Studi dan Penelitian Hukum Islam will have unique <strong>DOI</strong> number.</p><p><strong><a href="https://drive.google.com/drive/folders/1_vKBzlAYiO538gKC1knodzcN33lTP4Um?usp=drive_link" target="_blank">Sinta 2 Accredited</a></strong></p><p><strong><a href="http://u.lipi.go.id/1505228617" target="_blank">p-ISSN: 2597-6168</a></strong></p><p><strong><a href="http://u.lipi.go.id/1505229022" target="_blank">e-ISSN: 2697-6176</a></strong></p>https://jurnal.unissula.ac.id/index.php/ua/article/view/20488Liminality Rituals of Interfaith Families: Symbolic Interactionism and MaqÄshid Sharia Perspectives2024-02-26T12:16:59+08:00Muhammad Chairul Hudachoirulhuda@iainsalatiga.ac.idIlyya Muhsinilyya_muhsin@iainsalatiga.ac.id<p>This study aims to determine the dynamics of life cycle liminality rituals in interfaith families in Salatiga City and their meanings. This study used a qualitative approach with socio-juridical (socio-legal) methods. This fieldwork was conducted on interfaith families in Salatiga City. The results of this study revealed that interfaith marriages in the Salatiga City people, from the perspective of symbolic interactions, involved the mind, self, and society. The actors were influenced by interactions with other individuals and tried to share meaning with society. The cognition construction of interfaith family actors paid attention to the dimensions of society that demand the legality of a marriage. In the ritual act of liminality in the life cycle, interfaith families in Salatiga City had a fairly large tolerance. It was marked by the freedom of family members to perform rituals, whether they came from tradition or religion. In the context of <em>maqÄshid sharia</em>, the concepts of <em>hifdzun nafs</em>, <em>hifdzud dÄ«n</em>, <em>hifdzun nasbi wa nasl</em>, <em>hifdzul mÄl</em>, and <em>hifdzul aql</em> could be maintained as long as there was no coercion from other parties. Thus, freedom of worship and carrying out religious rituals is absolutely necessary.</p>2022-05-15T23:44:48+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/19633Islamic Law Thoughts: Father's Position as Heirther in SyÄfi’īyah Jurisprudence and KUHPerdata2024-02-26T12:16:59+08:00T. Wildanwildan@iainlangsa.ac.id<p>This study aims to answer the main problem, how the position of the father as the heir according to SyÄfi’īyah jurisprudence and KUHPerdata and why there is a difference in place between the two. This research is a library research study using a qualitative approach with a comparative descriptive method. The results show a difference in the father's position as the heir in SyÄfi’īyah jurisprudence and KUHPerdata. In SyÄfi’īyah jurisprudence, the father has a definite place as mentioned in Surat An-Nisa’:11, namely as żawil furūḠwhen together with the descendants of the heirs both men and women, as' ‘aá¹£abah if there are no children and as żawil furūḠand ‘aá¹£abah when together with a daughter. The father is in the same position as the heir's descendants without being hindered by any heir. While KUHPerdata father's position as the heir is classified in group II, the new father has the right if the heir of the first group no longer exists. The father does not become an heir and the descendants of the heir because the father is equated with a brother even though the father is in the first degree, which is the same as the descendants of the heirs.</p>2022-05-15T23:44:49+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/20544Family Resilience of Jama'ah Tabligh: Implementation Study of the Dimensions of Legality, Household Wholeness and Gender Partnerships2024-02-26T12:16:59+08:00Ibnu Radwan Siddikibnuradwansiddiq@gmail.comPagar Pagarpagar@uinsu.ac.idDhiauddin Tanjungdhiauddintanjung@uinsu.ac.id<p>In recent times, family resilience discourse has become a serious concern of the government, members of parliament and observers of Islamic family law in Indonesia. The higher the rate of divorce that occurs in the community, is a form of weak and fragile family defense joints. This paper will examine the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership. Then, this paper will also elaborate on the influence of Jama'ah Tabligh activities in the formation of family resilience among Jama'ah. This research is empirical juridical research using the approach of legal sociology and legal anthropology. Research data is analyzed using qualitative methods. Primary data sources are obtained from in-depth interview results from selected respondents using the snowball method. The results showed that the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership was well implemented and indicated strong and resilient family resilience. This is evidenced by the high percentage of family fulfillment of respondents in the ownership of marriage certificates, child birth certificates, togetherness in the family, spousal partnerships, financial management openness and family decision-making. Jama'ah Tabligh activities greatly affect the formation of family resilience along with the stronger family members in practicing religious values both personally and together. The results of this study can be a consideration for national policy holders in realizing family resilience nationally.</p>2022-05-28T00:54:37+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/18508The Role of Religious Organizations in Child Marriage Prevention and Handling during Pandemic2024-02-26T12:16:59+08:00Siti Rofiahsiti_rofiah@walisongo.ac.idMoh. Fauzimoh_fauzi@walisongo.ac.idFakih Muqoddamfakih_1706026038@student.walisongo.ac.id<p>In Indonesia, religious leaders are in a strategic position. Their existence can affect people's lives in various aspects, not least in the context of marriage. During the COVID-19 pandemic, the number of child marriages in Central Java rose sharply. Based on the background above, the questions are how religious leaders view this problem and what the roles to be performed in the context of prevention and treatment. This type of research is field research with a qualitative approach. The data collection technique is done by interview and documentation. The informants are administrators of two major religious organizations in Indonesia, namely NU and Muhammadiyah. The results showed that; First, the existence of religious organizations did not have a significant role in preventing and handling child marriage cases in Central Java. Secondly, the existence of religious organizations has no relevance to the high and low rate of child marriage in Central Java. Third, the existence of religious leaders is still seen as having authority in the community to support the success of the prevention and handling of child marriage programs</p>2022-05-28T01:13:10+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/19636Class Action as a Strategy for Saving Waqf Land Assets in Indonesia2024-02-26T12:17:00+08:00Rimanto Rimantorimanto@umpri.ac.idKholid Hidayatullahkholidhidayat.fai@gmail.comThe legal events of waqf that take place are often not accompanied by awareness of an accountable administration, thus triggering the heirs to take back the waqf assets on the grounds that the assets are the personal assets of their parents. From this case, it is necessary to have a legal breakthrough, so that the waqf assets remain public assets, so that the eternal value of the waqf will continue to be maintained. This research is focused on finding the construction of salvage waqf assets that do not have adequate legality from reclaiming efforts by wakif heirs. The purpose of this study is to find out what regulations regulate waqf land objects for which there is no formal legality and to find legal procedures that can be used to maintain waqf land for which there is no formal legality in order to maintain its immortality aspect. The method used is qualitative analysis and the results are presented descriptively. The constructive pattern of saving waqf assets is by looking for legal opportunities or ways that can be taken by the community or community groups, by examining several Supreme Court regulations, the Law of Religious Courts Procedure, and Law Number 41 of 2004 concerning Waqf, as the primary data source. Based on PERMA No. 1 of 2002, PERMA regulates the mechanism for class action with civil proceedings that have the right to provide procedural rights for a person or group to become a plaintiff in order to fight for disputes that cause harm and suffering to many people. The results of the study concluded that class action is an alternative procedure that can be used as a solution in saving waqf assets acquired by wakif heirs, due to the absence of adequate waqf evidence2022-05-31T00:23:17+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/20699The Use of Ihtiyat Data in Prayer Time Hisab: Perspectives on Islamic Law2024-02-26T12:17:00+08:00Sayful Mujabqutbsayf@gmail.comMuslich Shabirmuslich_shabir@walisongo.ac.id<p>The Salat in Islam cannot be separated from the time of Salat. Although the procedure for determining Salat times is not explained detailly in the Qur'an, doing Salat should not be arbitrary, especially regarding time. One of the important elements in determining Salat times, one of which is data of <em>ihtiyat</em>. Addition the data of <em>ihtiyat</em> is purpose the calculation results can cover the areas around the <em>markaz</em>. This study reveals a perspective of Islamic law on the addition the data of <em>ihtiyat</em> in determining the initial Salat time. The use of <em>ihtiyat</em> time is very important for anyone who does the reckoning at the time of Salat. However, in Islamic law, there is no legal certainty and there are no scholars who specifically discuss this matter. In a review of Islamic law, the time of <em>ihtiyat</em> in a review of Islamic law can be categorized as <em>wasilah</em> for the purpose that it is a condition of Salat. And it is knowing the time of Salat. Therefore, using <em>ihtiyat</em> time can be categorized in mandatory law because it is a means of something that is obligatory while there is no specific argument for its use. The use of ihtiyat time is in order to accommodate the interests of Muslims who are in certain areas that have a relatively wide expanse.</p>2022-07-28T00:00:00+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/22473Dispute Resolution of Marriage Cancellation through Religious Court Decisions in Indonesia2024-02-26T12:17:00+08:00Mhd. Yadi Harahapmhdyadiharahap@uinsu.ac.id<p>The provisions of Article 22 of Law no. 1 of 1974 concerning Marriage that a marriage can be annulled if the parties do not meet the requirements to enter into a marriage. Unlike the case with a marriage that does not fulfill the pillars of marriage, the consequences of the marriage are invalid and null and void, meaning that the marriage is considered to have never existed. In the context of Islamic law there is a typology of types of marriage. <em>First</em>, a marriage is considered valid if the conditions and pillars of marriage are met. <em>Second</em>, if one of the pillars of marriage is not fulfilled then the marriage is considered invalid. <em>Third</em>, if one of the conditions for marriage is not fulfilled, the fasid marriage can be annulled. How is the resolution of the dispute over the annulment of marriage and the legal consequences of the annulment of the marriage. Empirical research methodology is a method used to answer the above questions, using a statutory and case study approach. While the data sources used consist of primary, secondary and tertiary legal materials using qualitative descriptive analysis. There are at least three legal consequences of resolving disputes over marriage cancellations, namely: the position of the child remains as a legitimate child, joint property can be divided if the marriage is based on good faith, and the husband is not obliged to provide a living for his wife during the iddah period.</p>2022-12-07T07:30:22+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/35373Distributive Motives and Paternalistic Doctrine in Islamic Inheritance Law with Special Reference to Compulsory Wills2024-02-26T12:17:00+08:00Setiyowati Setiyowatisetiyowati.untag@gmail.comSiti Maryammaryam12345@gmail.comHaitham Abdulwahhab Mohammed B.mohammedb12345@gmail.comBadr Guelidaguelida12345@gmail.com<p>This research examines legal development and normative provisions regarding compulsory wills in Indonesia and Malaysia. In Indonesia the rules regarding wills have been contained in Islamic Law Compilation (<em>Kompilasi Hukum Islam</em>/KHI) as contained in Presidential Instruction No. 1 of 1991 namely in Chapter V Articles 194 to 209 and in books of Islamic jurisprudence. In Malaysia, provisions regarding compulsory wills are regulated in the Muslim Wills Act 1961 (Wills Act 1959) issued by the Malaysian government. Under this law, the compulsory will can be given to children and grandchildren, parents, and close relatives who do not receive an inheritance, with the condition that the compulsory beneficiary may not receive more than one-third of the total inheritance left. The implementation of compulsory wills in Indonesia and Malaysia has both similarities and differences, in terms of similarities there are three things, namely definition, content/amount as well as purpose and benefits. While the difference is that there are three things, namely the recipient of the compulsory will, the source of law and the legal position. Furthermore, in determining the compulsory will, Indonesia refers to <em>maslaha mursala,</em> while in Malaysia it refers to the views of <em>Ibn Hazm</em> from the <em>azh-Zhahiri</em> school which requires wills to relatives who do not receive inheritance either because they are <em>hijab</em> or obstructed in Islamic inheritance law. In addition to what has been regulated in the regulations of each country, the compulsory will has experienced an expansion in its granting.</p>2022-04-25T00:00:00+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islamhttps://jurnal.unissula.ac.id/index.php/ua/article/view/35372Examining the Taxation Conundrum of Religious Endowment: Legal Dimensions of the Vulnerability of Waqf Lands to Current Taxation System2024-02-26T12:41:56+08:00Aniek Tyaswati Wiji Lestarilestari12345@gmail.comSetiyowati Setiyowatisetiyowati.untag@gmail.comMd Zubair Kasem Khankhan12345@gmail.com<p>This research delves into the perplexing issue of certain waqf lands still being susceptible to taxation, presenting a compelling exploration of the root causes and potential solutions. The research engages with relevant legal frameworks, notably Law Number 12 of 1985 on Land and Building Tax, and subsequent amendments in Law Number 20 of 2000. Despite these regulations, the persistence of waqf lands became subject to the Land and Building Rights Acquisition Fee (Biaya Perolehan Hak Atas Tanah dan Bangunan/BPHTB) raises critical questions regarding implementation and compliance. The study aims to unravel the intricacies surrounding this phenomenon, shedding light on the gaps in the legal framework and administrative processes. This research uses a qualitative research design. The research design adheres to normative juridical methods, emphasizing the examination and interpretation of legal norms and principles relevant to waqf land and taxation. Research analysis uses a descriptive approach. The results of this research indicate that examination of the taxation status of waqf land in Indonesia has revealed important insights into the legal, managerial and administrative dimensions of waqf management. Theoretically, this research provides the implication that waqf land should be exempt from tax which makes sense, but its realization requires a stronger and more transparent administrative process. Practically, overcoming the challenges identified in waqf land taxation requires a multi-faceted approach</p>2022-04-26T00:00:00+08:00Copyright (c) 2022 Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam