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Shally Fiqih Alvani; Muhammad Al Mansur; Nova Arianti

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Islamic Sharia establishes inheritance rules in a very regular and fair form. It stipulates the right to property ownership for every human being, both men and women, in a legal manner. Islamic Sharia also stipulates the right to transfer ownership of a person after death to his heirs from all his relatives and lineages. Islam details and explains through the Qur'an al-Karim the share of each heir with the aim of realizing justice in society. Inheritance according to Civil Law is inheritance law in the form of a set of legal provisions that regulate legal consequences. Traditional inheritance law is actually the law of passing on wealth from one generation to its descendants.

Dewi Sri Puspiana; Muhammad Saleh; Suaib Lubis

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The guardian of the lineage is a role that must be present in a marriage to act as a marriage guardian in marrying off one's daughter. This research discusses marriage annulment due to the marriage guardian not being the biological father with the aim and purpose of this research being to find out about legal tolerance in decisions from the perspective of Islamic law and Indonesian law, and to explain the position of the guardian in the Marriage Law. In this research the author uses normative research which is qualitative in nature, namely research which is descriptive in nature and tends to use analysis whose objects are legal principles, laws, rules, court decisions and doctrine. As well as using a research approach with library research (Library) and field research with data collection techniques. This research concludes that a marriage is invalid if it is carried out by someone who is not a guardian of the lineage or a guardian judge if there is a guardian of the lineage. So if that happens the marriage will be canceled. In the view of Islamic law, canceling a marriage is fasakh, which means broken. The marriage was damaged because of a defect in the marriage process. In Decision Number 1784/Pdt.G/2023/PA.Mdn, it was found that the plaintiff's marriage guardian was his adoptive father, which in Islamic law states that the person who has the right to be the marriage guardian is the nasab guardian. His adoptive father admitted to the KUA that it was true that he was the biological father of the plaintiff and that he did not know the law that if a marriage is not with the guardian of one's lineage, the marriage is annulled because there is a legal defect in it. The judge's decision in this case was correct, because the defendants consisted of the husband, the chairman of the KUA, and witnesses to all the truth that happened. As stated in Article 1925 of the Civil Code: "A confession given before a judge is perfect evidence against the person who gave it, either personally or through someone who is given special authority for that purpose."    

Mita Arianti; Azhar Azhar; Diyan Yusri

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Activities to minimize a problem or resolve conflicts in the family are a form of family conflict management that is always used in the mediation process at the Religious Court. Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties with the assistance of a mediator according to PERMA No. 1 of 2016. In this study, researchers used qualitative methods and field research with primary data sources, namely covering the results of interviews and observations at the Stabat Class I B Religious Court and secondary data sources from Perma No. 16 of 2016 as well as scientific papers relevant to the title of the researcher's thesis. Data collection techniques by means of direct interviews with judge or non-judge mediators in the Religious Court and documentation.  The results showed that the application of family conflict management in mediation at the Stabat Religious Court has been maximally carried out, but because every case registered with the Religious Court is mostly a case that already has an agreement to divorce, the mediator as a third party in the peace process is only able to carry out his duties according to his authority, namely as a neutral party, the rest of all decisions are on the litigants. Therefore, it can be concluded that although family conflict management is always used in mediation, it is still unable to support mediation as an alternative in reducing divorce rates in Langkat Regency.    

Linda Asmaraneti; Reni Puspita; Dwi Noviani; Muyasaroh Muyasaroh

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Many aspects of life are regulated in the Koran, which is the main source of Islamic teachings, including aspects related to wills. In the Qur'an, the word will is often found with different meanings and connotations other than just a message before death. This difference is caused by the use of different will words in the context of the problem. A will is a voluntary gift made by someone to another person, which is made after the death of the giver (testator). Because wills have the nature of worship (human relationship with God), they are also a legal act, a means of getting closer to Allah (taqorrub ilallah) which is often done by many people, especially those who have sufficient wealth. In practice, a will is usually made by someone orally or in writing. This is done so that other people know that this is his will. This research aims to examine the meaning of a will, the reasons for making a will, the wisdom of making a will, the law of wills, the types of wills, the pillars of wills, and the amount of assets that can be bequeathed. The approach used in this research is a qualitative approach with a type of library research. Researchers obtain data from books, journals, articles and others related to the theme or title being discussed.    

Dwi Restu Tanjung; Ahmad Perdana Indra

Jurnal Ekonomi, Bisnis dan Manajemen (EBISMEN) 2023 FEB Universitas Maritim Semarang

Banks that carry out their business activities based on sharia principles, or principles of Islamic law, are called sharia banks. As time goes by, Islamic banks are starting to have more Muslim customers. Bank BSI Kc Kualasimpang, for example, has active Muslim customers. Muslims are known to have great interest in Islamic sharia banking. BSI Bank Kc. Kualasimpang operates based on sharia principles and does not provide payment services. Because the data was obtained from direct observations at BSI Kc Kualasimpang, this is a type of field research. This study uses a qualitative methodology. Primary and secondary data were used in this research. Primary data consists of a description of the factors that influence non-Muslim customers. Secondary data consists of books related to the research topic. The author found two components: internal and external factors. The research results show that of the internal and external factors studied, the dominant external factors influencing non-Muslim customers' interest in BSI Kc Kualasimpang are promotion, service, location and social level. Work and motivation are internal factors. The more promotions and services offered by banks to non-Muslim customers, the more likely they will join an Islamic bank.

Yudha Ardy Tama; Rachmat Ihya

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

ABSTRAK   Tujuan dilakukan penelitian ini adalah untuk mengetahui kajian tentang tindakan aborsi apabila ditinjau dari perspektif hukum Islam serta mengetahui kajian tentang tindakan aborsi apabila ditinjau dari peraturan perundang-undangan di Indonesia. Penelitian menggunakan metode yuridis. Hasil penelitian menunjukkan bahwa kajian tentang tindakan aborsi apabila ditinjau dari perspektif hukum Islam menunjukkan bahwa tahun 2005 Majelis Ulama Indonesia mengeluarkan Fatwa MUI 4/2005 atas pertimbangan bahwa dewasa ini semakin banyak terjadi tindakan aborsi yang dilakukan oleh masyarakat tanpa memperhatikan tuntunan agama. MUI menyatakan bahwa: a) Aborsi haram hukumnya sejak terjadinya implantasi blastosis pada dinding rahim ibu (nidasi); b) Aborsi dibolehkan karena adanya uzur, baik yang bersifat darurat ataupun hajat; Aborsi yang dibolehkan karena uzur sebagaimana dimaksud pada angka 2 hanya boleh dilaksanakan di fasilitas kesehatan yang telah ditunjuk oleh pemerintah; serta d) Aborsi haram hukumnya dilakukan pada kehamilan yang terjadi akibat zina. Hasil penelitian juga menunjukkan bahwa kajian tentang tindakan aborsi apabila ditinjau dari peraturan perundang-undangan di Indonesia meunjukkan bahwa peraturan perundang-undangan di Indonesa yang mengatur tentang tindakan aborsi yakni pada Kitab Undang-undang Hukum Pidana (KUHP) dan Undang-Undang Nomor 36 tahun 2009 Tentang Kesehatan.   Kata kunci: Aborsi, Hukum Islam, Undang-Undang                                                                 ABSTRACT   The purpose of this research is to find out the study of abortion when viewed from the perspective of Islamic law and to know the study of abortion when viewed from the laws and regulations in Indonesia. The study used juridical methods. The results showed that the study of abortion when viewed from the perspective of Islamic law showed that in 2005 the Indonesian Ulema Council issued MUI Fatwa 4/2005 on the consideration that today there are more and more abortions carried out by the community without regard to religious guidance. MUI states that: a) Abortion is illegal since the implantation of blastocyst in the mother's uterine wall (nidation); b) Abortion is permissible due to old age, whether emergency or emergency; Abortions that are permitted due to old age as referred to in number 2 may only be carried out in health facilities that have been designated by the government; and d) Unlawful abortions are performed in pregnancies resulting from adultery. The results also show that the study of abortion when viewed from the laws and regulations in Indonesia shows that the laws and regulations in Indonesia that regulate the act of abortion are in the Criminal Code (KUHP) and Law Number 36 of 2009 concerning Health.   Keywords: Abortion, Islamic Law, Law

Sairul Sairul

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Mastery of the Arabic language plays a crucial role in understanding and interpreting the nushush of fiqh munakahat, which is an integral part of Islamic family law. In the context of contemporary Islamic family law, a deep understanding of the Arabic language can affect the accuracy of interpretation and application of the law as a whole. Nushush fiqh munakahat often contain technical terms, complex grammatical structures and contextual meanings that can only be properly understood through a good command of Arabic. This study aims to explore the relevance of mastering Arabic in the interpretation of the nushush of fiqh munakahat by examining the various challenges, interpretative errors, and legal implications that can arise from weak linguistic skills. This study is conducted through a qualitative approach with a literature study of primary and secondary sources in fiqh munakahat. The results of this study are expected to contribute to strengthening the method of interpretation of Islamic law, especially in the field of munakahat, as well as encouraging the improvement of Arabic language competence for practitioners and academics of Islamic law.

Huzaini Huzaini; Rachmat Panca Putera

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study examines social conflicts in Islamic family law (HKI) using sociological and anthropological approaches to understand the complex dynamics between religion, culture, and social values. The research aims to analyze the causes of conflicts, resolution patterns, and the contributions of socio-cultural approaches to creating effective and sustainable solutions. Employing a qualitative approach, the study utilizes case studies involving semi-structured interviews, participatory observations, and document analysis. The findings reveal that social conflicts in HKI are often triggered by imbalances in social structures, gender roles, and the influence of local traditions that diverge from formal legal norms. The sociological approach provides insights into interaction patterns and social mediation, while the anthropological approach highlights the importance of cultural values in conflict resolution processes. The study's implications emphasize the necessity of integrating Islamic legal principles of justice with local traditions to foster conflict resolution that is harmonious and socially relevant.

Syah Awaluddin; Andi Masniati; Rahmat Rahmat; M Zarsadin; Salsabilah Azzahra Tuasikal +2 more

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2023 Fakultas Teknik Universitas Maritim AMNI Semarang

This community service activity aims to increase the awareness of the community around the IAIN Ambon campus regarding the importance of plastic waste management and maintaining environmental cleanliness. Through the Participatory Action Research (PAR) method, students of the Islamic Criminal Law Study Program at the Faculty of Sharia IAIN Ambon acted as facilitators in the socialization and implementation of plastic waste recycling activities. This activity included education on the negative impacts of plastic waste, waste sorting practices, recycled product creation, and waste cleanup actions. The results showed positive changes in community behavior towards the environment and improved students' skills in applying the amar ma'ruf nahi munkar principle. This activity not only had a tangible social impact but also strengthened the application of Islamic values in the context of environmental preservation.

Nada Marenza Putri; Victor Fernando Panjaitan; Nursal sabila; Shallomta Barus; M. Adya Zhafran +4 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Gender equality is a social construct related to the roles, rights, and characteristics of women and men in society that can change with evolving social dynamics. In Indonesia, gender equality issues are also tied to the principle of justice, which is an integral part of the state ideology, Pancasila. Customary law, on the other hand, is a legal system that develops within specific communities and is not always codified. Customary law in Kemang Indah Village, Riau, is strongly influenced by Islam and Islamic identity. The people of Kemang Indah Village are indigenous to the Kampar tribe and have a historical connection with Minangkabau, with strong Islamic influences evident in their customary law. This research aims to understand the relationship between customary law and the concept of gender equality in Kemang Indah Village. The results of the study show that the village community has successfully harmonized these two principles. Women in Kemang Indah Village have strong roles, even becoming leaders at various levels of community organization. They are also empowered to pursue their interests and talents, with facilities aligned with the applicable customary law. This is evidence that customary law principles can be integrated effectively with the concept of gender equality in the context of Kemang Indah Village. Thus, gender equality and customary law can coexist and mutually support each other in creating a fair and equal society in Kemang Indah Village.    

Zahrotun Nisa, Isma; Masrokhin

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2023 CV. ALIM'SPUBLISHING

The aim of this research is to make a comparison of compensation law (‘iwadh) in khulû’ (talak law) from the perspective of the Syafi'i School and the Islamic Law Commission (KHI). Khulû' is a form of divorce in which the wife can ask for a divorce by giving compensation to the husband. In the Syafi'i Madzhab, the rules regarding 'iwadh and khulû' are taken from the interpretation of the Al-Quran and Hadith, while KHI is a collection of laws that apply in certain countries. This study uses a comparative analysis method between the two sources of law. The results of the study show that there are different approaches to regulating compensation law in khulû'. The Syafi'i school tends to emphasize the benefit of the parties involved in the divorce, so that compensation limits can be more flexible. On the other hand, KHI may have more specific and structured provisions regarding compensation in khulû', which are adapted to the social and cultural context of the country. This research is expected to provide a deeper understanding of the different perspectives of Islamic law regarding khulû' and compensation law, as well as their implications for legal practice in modern society.

Nuraini Nuraini; Nuril Habibi

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Traditional wedding receptions in Indonesia are very diverse, it feels incomplete if a wedding celebration does not use the traditions or customs that apply in the area, such as the Sebarin Dui' tradition that applies in the middle of Pramuka Island Community, Seribu Islands Regency, Jakarta. This unique tradition is very interesting to discuss because the Sebarin Dui' tradition originates from a mixture of customs from other regions which then merged into the traditions and customs of the Thousand Islands Community. This research aims to find out how the Sebarin Dui' tradition is at the traditional wedding of the Thousand Islands Community, and to find out how Islamic Law views the Sebarin Dui' tradition at the traditional wedding reception of the Thousand Islands Community. This research uses qualitative or descriptive research, with data collection techniques using field research, namely through observation and interviews with research subjects or informants. The results of this research are that the Sebarin Dui' tradition at community wedding receptions on Pramuka Island, Panggang Island Village, Seribu Islands Regency, Jakarta is the Sebarin Dui' tradition which aims to express gratitude and share good fortune with local residents and to entertain the guests present. So the Sebarin Dui' tradition carried out by the people of Pramuka Island, Panggang Island Village, Seribu Islands Regency has fulfilled the requirements to become a tradition or 'Sahih Urf' (does not violate Islamic law or Sharia law).    

Nuraeni Nuraeni; Lita Murdiana; Khoirul Huda

Jurnal Penelitian Ilmu Ekonomi dan Keuangan Syariah (JUPIEKES) 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Banking, which acts as a financial middleman, is crucial to a country's economy. One definition of a bank is an entity whose primary business is to accept deposits from the general public and then make loans, savings accounts, and other financial products and services available to residents of the community in order to raise everyone's quality of living. People's credit banks (BPR) in Indonesia are financial institutions that conduct their operations in accordance with traditional banking practices and/or sharia law. This research set out to quantify the impact of external funding and risk management on the bottom lines of Indonesia's islamic rural banks. From the total sample size of 164 businesses, 46 were selected at random as representative of the banking sector. The Statistical Package for the Social Sciences (SPSS 29) was used for all statistical analyses and data processing. Findings from the study include: (1) the insignificant impact of third-party funds on BPRS performance; (2) the insignificant negative impact of non-performing financing on BPRS performance; (3) the insignificant impact of the financing-to-deposit ratio on BPRS performance; and (4) the significant negative impact of operational costs on BPRS performance.

Suci Putri Utami; Titin Agustin Nengsih; Muthmainnah Muthmainnah

Jurnal Penelitian Ilmu Ekonomi dan Keuangan Syariah (JUPIEKES) 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Price fixing is a price fixation that has been determined by the party entitled to determine the price. In setting the price, an item must be agreed upon and generally applicable. However, there are still buying and selling that contain elements of injustice between one buyer and another. There are several things that motivate the author to conduct research on the selling price setting process at the Berkah shop because it is classified as unique, to find out whether the price setting at the Berkah shop is in accordance with the perspective of the Sharia Economy. The results of the study show that the Islamic economic review in pricing at the Berkah Shop is in accordance with Islamic law, the price set is still relatively fair. With this price setting, it can meet the needs of the community, meet the needs of households, and meet the needs of the community, especially those on Jl. Depati Parbo Jambi city in the long term. Pricing at Toko Berkah can also create a sense of mutual assistance, because pricing at Toko Berkah includes an element of mutual help.

Mohamad Badrun Zaman

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The formation of Islamic family law certainly cannot be separated from the various cultures that exist in Indonesia. For this reason, this study aims to find out how the acculturation of Indonesian culture in the application of Islamic family law in Indonesia. The method used is a qualitative descriptive approach with data analysis in the form of literature reviews from primary data and secondary data obtained from various literature studies. The results of the study show that culture in Indonesia is always undergoing evolution where this can create cultural acculturation with high enthusiasm which in the end creates the Arabization of Islam. This cultural acculturation process has indeed created various reforms in the legal system in Indonesia, including regarding Islamic religious culture which has begun to mushroom in the community, especially due to the domination of Muslims in Indonesia. Thus, Islamic family law is also guided by the phase of cultural acculturation which is considered the most appropriate to the conditions of Indonesian society.

Rona Rindamelani Hutasoit; Cindy Ayu Lestari; Hanna Izzati Ar Raudhah; Parlaungan Gabriel Siahaan; Dewi Pika Lbn Batu

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

In this article, we will examine the impact of divorce (Division of Property & Child Custody) where this study was conducted at the Medan District Court. This divorce has a lot of impacts, especially on children. However, this article will focus on the division of assets and child custody as a cause and effect of divorce. This research uses descriptive qualitative and normative legal methods through analytical and observational approaches, with data collection techniques based on literature studies and interviews. Divorce is triggered by various reasons, including disharmonious relations between husband and wife in terms of fulfilling biological needs, issues of different principles of life, differences in income in improving welfare, infidelity. The decision to divorce results in the division of property and child custody, where custody falls to the mother because the child is under 12 years old. Referring to Article 105 KHI, which explains that child custody in divorce with children under 12 years old is given to the mother. Meanwhile, the distribution of assets is in accordance with applicable Islamic law.

Rosita Nur Alif Darma Santi; Salwa Salsabilla Putri; Siti Aisyah; Tutut Dwi Setyorini

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

In Indonesia, children who commit criminal acts often occur. Even though they have a special designation, namely children, they are still legally processed, in accordance with current legal developments in Indonesia. Therefore, Indonesia has a special court that regulates crimes committed by children, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study uses normative and empirical juridical research methods. Normative juridical is carried out by analyzing the sources of primary legal materials, namely laws, journals, theses, and books contained in the literature. Empirical juridical is carried out by collecting data through interviews with criminologists who have a deep understanding of the juvenile justice system and Islamic criminal law. The data obtained from the interviews will be analyzed qualitatively to identify the views of criminologists regarding the implementation of the juvenile justice system in the context of Islamic criminal law. This study aims to analyze the opinions of criminologists regarding the implementation of the juvenile justice system in the perspective of Islamic criminal law.

Ummu Rofi’ah; Wakid Evendi

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

In the customary practices of the Javanese Muslim society, there are often certain approaches employed to prevent divorces. This approach is commonly referred to as "tajdidun nikah," which translates to the renewal of marriage. This strategy is typically employed when a household faces numerous challenges or prolonged conflicts, leading to a decline in the harmony between spouses. This research aims to recognize and examine the occurrence of the tajdidun nikah phenomenon within the Rejoagung village community in Ngoro Jombang, in accordance with Islamic law. Through a descriptive qualitative methodology, the study collected data through participatory observations, in-depth interviews, document analysis, and applied an analysis framework based on the model developed by Miles and Huberman. The findings of the study concluded that the practice of tajdidun marriage in Rejoagung village, Ngoro District, Kabupaten Jombang, is a heritage that has been transmitted through generations. It represents an effort by married couples to reinforce their strained marital relationships, which could potentially lead to divorce. From an Islamic legal perspective, this practice is deemed permissible, as it offers numerous advantages, as long as the process adheres to Sharia principles. Couples who have embraced this tradition tend to experience greater harmony, tranquility, and enduring relationships within their households.

Prala Ney; Nur Mohamad Kasim; Waode Mustika

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The aim to be achieved in the preparation of this research is to find out the views of Islamic Law regarding the Practice of Plastic Surgery and to know the Legal Impact of Plastic Surgery. This type of research is normative legal research. This normative legal research is research on norms that carry out norms on a building system of norms which is meant regarding standards, standards of applicable rules of choice of courts, understandings and conventions (lessons). legitimate. The results of the research show (1) The practice of plastic surgery according to Islamic law is permissible or lawful because there is a health reason that disturbs someone so that it is necessary to make improvements to the body in order to eliminate pain or harm which of course is not allowed plastic surgery is intended to change sex and change parts of the human body to make it look more beautiful. (2) The legal impact on the practice of plastic surgery can be directly or indirectly. It can be seen directly from a health perspective, and indirectly people who have had plastic surgery can avoid taxes, deceive airport security or immigration officers, manipulate data. Conclusions The practice of plastic surgery according to Islamic law is permissible or lawful.

Suaidi Suaidi

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Marriage is a bond between two men and women to form a happy and eternal household. The formation of a household is symbolic, that humans have a goal to develop life, this symbol can be realized when both parties bind themselves to move together under any circumstances. Marriage, which is symbolized as a bond and agreement, legally can be reviewed when the main goal is not fulfilled due to inconsistencies between the two parties deviating from the original purpose of forming a family. The review of the marriage agreement may end with a legal process or due to natural causes such as the death of one of them. Marriage, which was originally intended to form a happy and eternal household, could be broken up because the husband and wife are not committed to living life together. The principle of marriage, both according to Islamic Shari'at and Law Number 1 of 1974 concerning marriage contains the principle of monogamy, namely a man may only be paired with a woman and vice versa, but under certain conditions, Islamic Shari'at and the Law The law provides space and opportunities for a man to have more than one wife, namely polygamy. In practice, polygamous marriages still have pros and cons. There are pros and cons of opinion on polygamous marriages due to irregularities in its implementation. These deviations will be the object of research.