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Sudirwan Sudirwan

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

Unregistered marriage (nikah sirri) is a phenomenon that has attracted the attention of many, both from the perspective of Islamic law and positive law in Indonesia. This study aims to critically examine nikah sirri, including its definition, legal basis, and the social impacts it causes. Using a qualitative approach, this research collects data from various sources, including legal literature, interviews, and case studies. The results show that although nikah sirri is recognized under Islamic law, its practice often conflicts with the state's legal protection and can have negative consequences, especially for women and children. The issue of nikah sirri is complex as it involves two different legal domains—religious law and state law. On the one hand, nikah sirri may be considered valid according to Islamic principles if it fulfills the requirements and pillars of marriage. On the other hand, since it is not recorded in the state’s administrative system, it raises several legal and social issues, particularly regarding the protection of women's and children's rights. Therefore, a well-structured problem formulation is needed to thoroughly explore the conflicts and gaps between Islamic law and positive law in addressing the practice of nikah sirri.

Amanda Amanda; Layli Sartika; Merli Anggelia; Naila Hafizah; Wismanto Wismanto

Jurnal Budi Pekerti Agama Islam 2023 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Adhan is a call for Muslims to perform fardhu prayers. Iqamah is a notification call to the congregation to be ready to stand up for prayer, with the pronunciation determined by the syara'. Adhan and iqamah are very important for every Muslim. Apart from that, the call to prayer is said as a sign that the prayer time has arrived and the iqamah as a sign that the prayer will begin soon. The call to prayer and iqamah should not be done haphazardly, unlike other religious prayers. The call to prayer and iqamah are said at certain times. The lessons learned from the implementation of the call to prayer and iqamah include: As a tool and medium for notification of the approaching prayer time, inviting Muslims to perform prayers in congregation. Adhan and iqamah cannot be separated from the life of Muslims and Muslim women. Its use is not limited to obligatory prayers and certain times when they are said. If the iqamah has been said before he starts the sunnah nafilah prayer then his sunnah prayer is invalid. It is permissible to decide to pray the sunnah nafilah prayer because the obligatory prayer is not comparable in value to the nafilah prayer.

Achmad Asy’ari Abdullah Toran; Dena Aji Prasetya; Halimah Citra Negoro; Achmad Maulana Fakhri; Roravianita Roravianita +1 more

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

For the first time in Indonesia, banking regulations have begun to be systematically regulated in Law no. 14 of 1967 which discusses the principles of banking is used as a guideline for the regulation of banking in Indonesia. In 1992, the establishment of Bank Muamalat Indonesia was the beginning of the recognition of sharia banking in Indonesia. Then with the enactment of Law no. 7 of 1992 concerning banking, as amended by Law no. 10 of 1998 explicitly discusses that in Indonesia there are two banking systems, namely conventional banking and sharia banking. The regulations regarding sharia banking in this law are considered not yet specific, therefore it is necessary to specifically establish sharia banking itself in a law, with the establishment of Law no. 21 of 2008 concerning sharia banking. For a long time, banking in Indonesia has made law no. 14 of 1967 concerning the basic principles of banking as guidelines for every bank in Indonesia. In 1992, the establishment of Bank Muamalat Indonesia was the beginning of the recognition of sharia banking in Indonesia. Then with the enactment of Law no. 7 of 1992 concerning banking, as amended by Law no. 10 of 1998 explicitly discusses that in Indonesia there are two banking systems, namely conventional banking and sharia banking. The regulations regarding sharia banking in this law are considered not yet specific, so a law that is clearer and complements the shortcomings of the previous law is needed. Therefore, Law no. 21 of 2008 concerning sharia banking. The final conclusion in this research is that the public recognizes and prefers sharia banking as regulated in Law No. 21 of 2008 because this law can explain and answer specifically the problems that exist in society regarding banking in Indonesia and with the birth of law no. 21 of 2008 is expected to provide justice and togetherness to all Indonesian people based on sharia principles which refer to Islamic law in order to achieve equal distribution of social welfare.

Muhamad Nur Rifaldi Rachman; Nirwan Junus; Julius T. Mandjo

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

This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court

Izdihar Luthfiyyah Surya Gerhana; Elip Intan Pratiwi

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

Customary inheritance law is the passing of wealth from the upper generation to their descendants. Inheritance law is based on customary norms, BW, to the Compilation of Islamic Law. The Bugis tribe as adherents of the parental inheritance system still maintain the customary distribution of inheritance Over time and along with the entry of Islam, the Bugis tribe began to use Islamic law as a way out to fulfill the obligations of heirs.

Deni Iskandar; Nurul Amalia; Muhammad Misbakul Munir

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

This research explores the Specific Time Work Agreement (PKWT) between workers and PT. Astra Autoparts. Using qualitative methods and a normative juridical approach, this research not only refers to regulations and related literature, but also involves observations and interviews with HRD and contract workers at the company. From an Islamic legal perspective, research emphasizes that PKWT must fulfill the principles of justice, equality and protection of workers' rights. The concept of "fair" (‘adl) is in focus, where respect for workers' rights and prevention of exploitation are key. It is hoped that the PKWT is in accordance with Law No. 6/2023 to create a fair work environment. The research results show that PT. Astra Otoparts has implemented PKWT in accordance with Government Regulation Number 35 of 2021 and Law no. 6/2023 concerning Job Creation. However, there are obstacles such as incompatibility of worker qualifications, lack of understanding of work contracts, lack of understanding of labor laws, and lack of understanding of government regulations regarding PKWT. Therefore, efforts are needed to increase understanding and conformity in the implementation of PKWT in order to create a fairer work environment.

Sinta Sukma Ayu; Zuhrinal M. Nawawi

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

This research aims to determine the application of Planning, Organizing, Actuating, and Controlling (POAC) in Islamic Business Management. This research uses a qualitative research method with a Systematic Literature Review (SLR) approach. The existing data sources come from indexed journal literature that has an ISSN (International Standard Serial Number) electronically which has been published via the internet with the code E-ISSN. Data collection was carried out via internet surfing from Google Scholar. The research data population is journals and books that focus on POAC (Planning, Organizing, Actuating, and Controlling). The results of this research state that the implementation of planning in Islamic business management must be in line with sharia values, ensuring that business objectives not only benefit the company, but also create social and economic benefits for society as a whole. The application of organizing in Islamic business management involves the creation of a fair and sustainable organizational structure. The separation of duties and responsibilities must reflect fairness, and strategic decisions must take into account their impact on society. Synergy between business interests and general welfare is the main key in the organizing process. The application of actuating in Islamic business management is the implementation of Islamic values in every company action such as work ethics, transparency and honesty and creating fair economic opportunities. The application of controlling in Islamic business management includes continuous monitoring of compliance with sharia principles. This includes ongoing evaluation of business sustainability and fair distribution of profits. Controls also ensure that the business operates in accordance with Islamic objectives and does not involve practices that are inconsistent with sharia law.

Nadya Dwinna Putri

Jurnal Manajemen dan Ekonomi Bisnis 2023 Pusat Riset dan Inovasi Nasional

This research aims to analyze customer perceptions regarding the use of microcredit financing with a focus on the case study of Bank Syariah Indonesia (BSI) KCP Medan Kampung Baru. Utilizing surveys and qualitative data analysis, the research methodology aims to understand the strengths and weaknesses of the sample through observation, interviews and document analysis of the sample's perceptions of the product using Murabahah principles. In this context, research examines the factors that influence public trust in the progress, transparency and quality of the implementation of Murabahah law. The survey collected customer responses from BSI KCP Medan Kampung Baru, while qualitative data analysis was carried out to identify customer views in more detail. It is hoped that the findings of this research will help in understanding the effectiveness of implementing the Murabahah model in micro product development and how it affects customer needs and expectations. The practical implications of this can help Islamic banks improve their products and services and strengthen their ties with customers, especially at BSI KCP Medan Kampung Baru.

Alifia Nur Basanti; Fadlah Khairunnisa; Fadlli Naufal Rahim; Farrel Ar Rasyid; Deden Najmudin

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

Torture is an act of physical injury but not to the point of loss of life or death. Persecution is divided into intentional or planned abuse and unintentional. The focus of this research is on intentional or planned abuse. This social phenomenon regarding premeditated abuse is an act that violates Islamic law. Therefore, cases of planned abuse must be followed up immediately and become an urgency in this research. The aim of this research is to analyze the sanctions received by perpetrators of planned abuse from the perspective of Islamic Criminal Law. The research method used in this research is the library research method with a normative juridical research approach and qualitative data analysis. The results of this research show that (1) If the abuse occurs intentionally or premeditated, in accordance with sharia law, the punishment is Qishas on the basis of Surah Al-Maidah verse 45 that Qishas is a balanced and appropriate penalty imposed on the perpetrator of the crime of intentional or premeditated abuse as The main punishment and if the victim's family forgives, then the punishment is changed to Diat which can then be replaced again with the Ta'zir punishment. (2) The provision of sanctions for planned persecution in Islamic criminal law upholds the principles of justice and the usefulness of sanctions. By imposing appropriate and fair punishments, and ensuring that these sanctions are beneficial to society, Islamic criminal law is able to create a safe and just environment.

Dahlianatalia Lumban Gaol; Fani Nolpiana Nadapdap; Grace Michael Sihombing; Tasya Br Marbun; Widya Helen A. Purba +1 more

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

This research discusses how women's rights in the family are protected according to Islamic law in analyzing gender discrimination cases. This study was conducted to determine gender inequality in several aspects of life, such as inheritance and inheritance. It is hoped that this research can contribute to a better understanding regarding making an important contribution in expanding understanding of the Islamic legal perspective on gender equality, which can become a reference for policy makers in promoting gender equality in Muslim societies. The research method is to use a literature study research method which includes Islamic legal discrimination in various social and geographical contexts. Public education regarding women's rights in Islam is an important key to changing perceptions and reducing gender discrimination. Legal reforms that support gender equality need to continue to be developed to create more effective protection of women's rights.

Iin Natasya Divana Ginting; Abdul Rozaq Wall; Diska Najwa Andini; M. Ikhsani Simanjoran

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

Human life cannot be separated from economic problems that affect human relationships with other humans. These relationships must be based on Islamic religious norms which regulate all aspects of life, including those related to muamalah issues. As part of our efforts to develop an Islamic economic system, we are trying to find a concept of the main ideas of that time as inspiration and guidance. For this reason, the author tries to convey the main thoughts of one of the scholars, namely: Shaykhul Islam Ibn Taimiyah which relates to economic issues, he has very in-depth knowledge about Islamic teachings. Islam today requires a clear economic perspective regarding what is expected and how these things can be achieved. To achieve these rights requires freedom in the economy and property rights limited by moral law and supervised by a state that is just and capable of enforcing sharia law. All economic activities are permitted unless the activity is expressly prohibited by the Shari'a.  

Nabilla Shafa Azzahra; Renny Supriyatni; Sridewei Anggraeni Wiyono

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

The purpose of this study is to analyse the juridical review of the inheritance of a convert heir to a non-moslem sibling in the perspective of Islamic inheritance law in Indonesia. This research was conducted using descriptive analytical normative legal research, using secondary data obtained from literature studies as the main data and using primary data, namely related legislation as supporting data, research data collection techniques using library research, and data analysis using qualitative juridical data analysis. Based on the results of the study, it shows that the judge's legal considerations when examined based on Islamic law, the siblings are already Catholic. A person who is of a different religion from the heir is cut off from the right to inherit because it is hindered by law, this is as the hadith of the Prophet Muhammad SAW and Article 171 letter c KHI. Article 172 KHI also states that a person's Islamic faith, apart from being seen from the Identity Card, can also be seen from confession or practice or testimony. The settlement of inheritance of different religions can be found through the Ijtihad method.

Ira Sandika; Denni Iwan Permata Saragih; Sri Hadiningrum

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Islamic law is one aspect of Islamic teachings which occupies a very crucial position in the view of Muslims, because it is the most concrete manifestation of Islamic law as a religion. Islamic law has a significant influence on Indonesian positive law, especially in several areas of law. Meanwhile, positive law is law in the form of laws that regulate relations between humans and humans, or with legal entities. Islamic law is generally defined as rules which are the result of understanding and deducing from the provisions revealed by Allah SWT to the Prophet Muhammad SAW. Therefore, the main sources of Islamic law are the Koran and Hadith. source of pure positive law from society. This is because the adoption or discovery of positive law uses an inductive method. Namely by observing the actions and attitudes of community members. From the results of these various observations, general regulations are then made that are binding on the entire community. In this article the author tries to explain further the analysis of the concepts and sources of these two laws, and their comparative analysis.

Dewi Puspita Sari; Nur Aisyah; Muhammad Abdurrohman; Mustafiyanti Mustafiyanti

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The curriculum is an important part of the education system because it is one of the determining factors in achiefing goals. Likewise, the Islamic religious education (PAI) curriculum also plays a central role in various curricula to achieve the direction and goals of Islamic education itself. Islamic education aims to develop all human potential based on Islamic law. However, in reality, the PAI curriculum still has problems in real life. For example, the education model is still docmatic, old-fashioned, redundant, and the religius concept taught are no longer relevant to modern life. Teachers and all scool staff mus be able to trully understand and design the curriculum. In developing an Islamic religious education (IRE) curriculum, a special approach is anneded that ensures that the designed curriculum can bring students to the desiret changes. Teachers can choose several approaches that suit their teatching model, taking into account the specifics of Islamic education itself. Four approaches can be used in curriculum development: academic, humanistic, technological and social reconstruction approaches. The developed curriculum can then be used by various PAI teachers in the teaching and learning process at school.

Jelita Erlinda Nasution

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

This research aims to determine the review of Islamic law regarding artificial insemination in humans. And to find out the maqashid of sharia on artificial insemination in humans. This research was carried out using library research and paying attention to the field (Field Research). Literature study is a process of searching for various literature, study results related to the research to be conducted. Literature study can be likened to a key that will open everything that can help solve research problems. The results of the research show that artificial insemination in humans in terms of Islamic law is (1) sperm cells and ovum from the husband and wife themselves, and the embryos are not transferred into the womb of another woman (entrusted mother), if the condition of the husband and wife concerned really requires it and (2) artificial insemination or IVF with sperm and/or ovum donors brings more harm than good. The problem is that it can help married couples where both or one of them is infertile or there are natural obstacles in the husband and/or wife that prevent sperm cells from meeting with egg cells. Yusuf Qaradawi said that if sperm comes from another man, whether known or unknown, then this is forbidden. Likewise, if the egg cells come from another woman, or the egg cells belong to the wife, but the uterus belongs to another woman, this is not allowed. Sheikh Mamud Syaltut said that artificial insemination uses the sperm of another man (not her husband). The law is the same as adultery and children born as a result of this kind of insemination have the same status as children born outside of a valid marriage. The Maqashid of Sharia on artificial insemination in humans is hifdzun nasab (protecting the succession of descendants) because children are included in the requirements of doruriyat in marriage. although human insemination (IVF) does carry some risks of death and post-natal disorders. Artificial insemination in humans with sperm and ovum donors will bring more harm (negative impacts) than benefits (positive impacts). Among the benefits is helping husband and wife who are infertile, either both or one of them, to have offspring or who experience problems with normal fertilization.    

Tri Mei Rosalya Purba; Sri Hadiningrum

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

Comparative law as a science in the Western world is a very young branch of science, only growing rapidly at the end of the 19th century or at the beginning of the 20th century. Previously, efforts had been made to compare several systems with each other, but at that time It cannot be said that research has been carried out using a comparative method carried out systematically and continuously with the aim of achieving a certain goal. The method used is library research, collecting data by searching for sources and constructing them from various sources such as books, journals and existing research. In its development, this legal system recognized the division of public law and private law. Public law includes legal regulations that regulate the power and authority of the ruler/state as well as the relationships between society and the state (the same as public law in the Anglo-Saxon legal system). Private Law includes legal regulations that regulate relationships between individuals in meeting their daily needs. The values ​​of the western legal system are not in accordance with the noble values ​​of the Indonesian nation, resulting in a gap between the law and the Indonesian society it regulates. The customary law system has its values ​​in certain indigenous communities, can only be believed and practiced by indigenous communities, and cannot be ratified as national law, and the Islamic legal system's values ​​are believed and practiced by the majority of Indonesian people nationally.

Misri Kholidah Nasution

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

The purpose of this research is to determine: (1) The influence of personal appearance on household integrity, (2) The concept of improving appearance in maintaining household integrity from an Islamic legal perspective. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the research results and discussion in this research, it can be concluded that: The influence of personal appearance on the integrity of the household in order to maintain good relationships and relationships between husband and wife, in addition to having good morals. good and wise behavior, maintaining one's appearance also has a significant impact in maintaining the husband-wife relationship. Therefore, it is often recommended that wives look attractive by wearing nice clothes, quality cosmetics and perfume when in front of their husbands. The concept of improving appearance in maintaining the integrity of the household from an Islamic legal perspective is divided into two, namely: (a) Improving appearance which is permissible and this is only limited to in front of the husband or only for the husband, including: wearing perfume, wearing eyeliner, and using eye lenses or contact lenses, ( b) Improving your appearance, which is absolutely haram for reasons for your husband or to increase your personal beauty, is shaving your eyebrows or embroidering your eyebrows and attaching your hair.    

Maftuhin Maftuhin

Jurnal Manajemen dan Pendidikan Agama Islam 2023 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Fiqh learning is an integral part of the Islamic Religious Education subject which aims to provide students with an understanding of Islamic teachings, especially in terms of sharia law, and to guide them in forming beliefs and understanding Islamic law correctly. However, the implementation of Fiqh learning which is still dominated by a teacher-centered approach tends to cause low active student participation. In addition, the use of conventional lecture methods creates a monotonous impression which has an impact on low learning outcomes. This study aims to determine the effectiveness of the application of the Talking Stick learning model in improving the learning outcomes of fourth grade students at MI Ma’arif Sidasari. This study uses the Classroom Action Research (CAR) method which is carried out in three stages, namely pre-cycle, cycle I, and cycle II. The results of the study showed an increase in learning outcomes, with an average student score in cycle I of 73.2 which then increased to 83.5 in cycle II. The percentage of student learning completion also increased significantly. Thus, it can be concluded that the application of the Talking Stick learning model is effective in improving student learning outcomes in the Fiqh subject in fourth grade MI Maarif Sidasari.

Rizki Zul Akhiriah Hasibuan

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

The purpose of this research is to find out: (1) the legal consequences of talak divorce on marriages with non-cash dowry, (2) to find out the legal status of the husband's unpaid dowry debt after talak divorce. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the results of the research and discussion in this study, it can be concluded that: For a husband who divorces his wife even though he has not had sexual relations with her, he only has the obligation to pay half of the dowry amount that has been determined before the marriage contract is carried out. However, a husband who has had sex with his wife and then divorces or des not divorce, still has the obligation to pay all the dowry that has been determined by the prospective husband. Meanwhile, for a husband who dies, according to the opinion of most Islamic law experts, it is still obligatory to pay the specified dowry even though during his lifetime he never had sexual intercourse with her (dukhul). Paying debts in Islam is obligatory and you cannot delay paying off all your debts. Likewise, the dowry law must be paid by the prospective husband to the prospective wife at the time of the marriage contract, but if the dowry is postponed then it is still permissible as long as the time for repayment is clear. Paying dowry debts according to the Compilation of Islamic Law is permissible to be owed and may also be deferred if the bride-to-be is happy and gives permission if the dowry is deferred. In this case, the dowry is still owed in the event of separation (divorce), a husband's obligation is to pay the dowry from the assets owned by a husband during the marriage and the dowry owed can be settled after the divorce occurs.    

Arif Bijaksana

Jurnal Manajemen dan Pendidikan Agama Islam 2023 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

In Islamic inheritance law, it is a law derived from the Qur'an where the truth of the teachings or theories is absolutely true because it is a revelation from God. Islamic inheritance law in general theory is a law conveyed by Allah SWT to the Prophet Muhammad SAW to be applied and made law by mankind. In legal philosophy it is said that the law is for humans, in Islam the Islamic inheritance law is absolute because it has been regulated in it. Problems arise in its application in society, especially in terms of the rights and acquisition of the second wife, third wife and fourth wife. There is discrimination in the distribution of inheritance that violates existing rules and provisions and there is a mental attitude that does not or is reluctant to carry out and follow the provisions of Islamic inheritance law regarding the acquisition and inheritance rights of the second wife, third wife or fourth wife.