Al-Usroh

ISTINBATH HUKUM PERNIKAHAN BEDA AGAMA MENURUT RASYID RIDHA DAN YUSUF AL-QARDHAWI

Abal Qosim Al Banan, Imron Mustofa, Agus Solikin — Fri, 30 Aug 2024 00:00:00 +0000

This study aims to: 1) Investigate the methods of Islamic legal reasoning employed by Muhammad Rashid Rida and Yusuf Al-Qardhawi in the context of interfaith marriage, and 2) Assess the relevance and applicability of the legal reasoning approaches of these two scholars in addressing contemporary legal issues. This study employs a qualitative approach using a literature review method, where the researcher analyzes the writings and fatwas of both scholars as well as relevant secondary sources. The data analysis technique used is content analysis, focusing on methods of Islamic legal reasoning such as ta'lil, qiyas, istishab, and istihsan. The research findings indicate that: 1) Muhammad Rashid Rida tends to use the methods of qiyas and istihsan, considering broader benefits and maslahah, while Yusuf Al-Qardhawi relies more on ta'lil and istishab, emphasizing the importance of maintaining the integrity and order of existing Islamic law. 2) The different approaches to legal reasoning between the two scholars reflect their views on social dynamics and the needs of the community, demonstrating their relevance and applicability in responding to contemporary issues and the importance of constructive dialogue among various Islamic perspectives.

PERAN TUAN GURU DALAM PENYADARAN HUKUM PEMBAYARAN NAFKAH ‘IDDAH PERCERAIAN DI LUAR PENGADILAN

Abdul Hafiz Qamar, Moh. Abdun Nasir, L. Supriadi — Fri, 30 Aug 2024 00:00:00 +0000

This research is motivated by the writer’s anxiety about phenomena which occurs in society related to the fulfillment of nafkah 'iddah obligations after divorce carried out outside the Religious Court, especially through the Tuan Guru's decision in Labuapi District. The objectives of this research were 1) to analyze the distribution of nafkah 'iddah in the divorce outside the court in Labuapi District, 2) to analyze the factors which influenced the law awareness level in providing nafkah 'iddah to the community, 3) to analyze the form and role of Tuan Guru in socializing the fulfillment of nafkah 'iddah obligations to the community. This research was field research, the research method used was qualitative research. Data collection techniques were carried out with observation, interviews and documentation. The results of this research showed that the distribution of nafkah 'iddah in Labuapi District was not carried out properly, it was based on the lack of society’s knowledge, traditions were applied in society, and because of conflicts between husband and wife which caused the divorce. In addition, in this research the writer found 2 active roles of Tuan Guru in the community, namely, 1) as a Ulama' (Islamic religious leader) who provides understanding to the community, 2) as a mediator and consultant for Family Law.

PERAN PENYULUH AGAMA HONORER DALAM MEMBENTUK KELUARGA SAKINAH MAJELIS TA'LIM NURUL JANNAH PEMATANG RAMBAI HULU DESA KUALA A, KUALA MANDOR B KUBU RAYA

Yuli Setyningsih, Q Zaman — Fri, 30 Aug 2024 00:00:00 +0000

This study aims to analyze: 1) The role of honorary religious counselors in fostering sakinah families in Kuala Mandor B District; 2) The methods and approaches used by religious counselors in their counseling programs; and 3) The impact of the role of honorary religious counselors on the quality of sakinah families. Using a qualitative research method with a case study approach, this research is a field study. Primary data were obtained through interviews with honorary religious counselors, members of the Majelis Ta'lim Nurul Jannah, and relevant KUA officials, while secondary data were sourced from documents and related literature. Data analysis was conducted through data reduction, presentation, and verification, with data validity ensured through triangulation. The research results indicate that: 1) Honorary religious counselors act as active preachers and guides in increasing religious understanding in the community; 2) The counseling programs conducted include training in interpersonal communication between couples and family financial management; 3) The role of religious counselors is significant in improving the quality of sakinah families, both for new families and long-standing ones, through strengthening aspects of worship and family foundation.

MAQASHID SYARI’AH DALAM TRADISI SAPRAHAN PADA WALIMATUL URSY DI DESA PURINGAN KECAMATAN TELUK KERAMAT KABUPATEN SAMBAS

Ainun Jariah, Firdaus Achmad, Nanda Himmatul Ulya — Fri, 30 Aug 2024 00:00:00 +0000

The saprahan tradition is an often held at some events, in the reality of execution it requires a review of Islamic law like maqashid shari'ah because there are no definite dalil in the qur'an and the hadith that directly describes the saprahan tradition. The purpose of this study is: 1) to know the practice of the saprahan tradition of walimatul ursy in the purgatory bay district of sambass.2) to know the aspect of maqashid Shari 'ah in the saprahan tradition of walimatul ursy in the purgatory bay district of sambas. The study is field research by using descriptive methods that approach through a qualitative approach. The data sources used in the study used the primary data of interviews with puringan village people. Then for the secondary data used were books, journals, qur'an, the hadith. As for the data analysis techniques used through the 3 stages are data reduction, data discipline, and deduction and deduction. The results in the study were: 1) during preparation until the implementation of the saprahan tradition was always accompanied by good habits consistent with Islamic rules. The tradition of saprahan at regular weddings is always carried out in a long tent called taruf. 2) the maqashid Shari 'ah aspect of the wearisome tradition of walimatul ursy in the old bay district district isa hajiyat state, as is the custom of saprahan supporting the implementation of marriage in the purpur village, where marriage forms a means of maintaining nasab that is a need for dharuriyat while the sitting and eating of saprahan become a tahcinate need to complete the alignment of the saprahan implementation. Furthermore another aspect of maqashid Shari 'ah on the tradition of saprahan is the maintaining of possessions.

PERNIKAHAN DINI DALAM PERSEKTIF AGAMA ISLAM: SISI POSITIF DAN NEGATIF

Adella Ayu Pangestika, Nabila Luthfiyatun Nisa, Widodo Hami — Fri, 30 Aug 2024 00:00:00 +0000

This research aims to examine: 1) The positive impact of early marriage from an Islamic religious perspective; 2) The negative impact of early marriage; and 3) Factors that cause early marriage to occur. Using qualitative research methods with a literature study approach, this research collects data from relevant previous research. Data is compiled, analyzed and concluded to provide a comprehensive picture of early marriage. The research results show that: 1) There are positive impacts such as avoiding promiscuity; 2) Negative impacts include psychological and health problems; 3) Factors that influence include economics, tradition, and low level of education.

STUDI KOMPARASI FATWA MAJELIS ULAMA INDONESIA DAN FATWA JABATAN KEMAJUAN ISLAM MALAYSIA TENTANG HUKUM MAKANAN DAN MINUMAN BERALKOHOL

Ferdy Hasan Haswin — Fri, 30 Aug 2024 00:00:00 +0000

This study aims to study: 1) Comparison of MUI and Jakim Malaysia fatwas related to food and beverages containing alcohol; 2) The law of consuming the product is based on both fatwas. This study uses a qualitative method with a literature study approach. Data is obtained from journals, books, fatwas, and relevant news. Data analysis is carried out through reduction, presentation, and source verification, with the validity of the data guaranteed through member checks and source triangulation. The results of the study show that: 1) Fatwa MUI and Jakim Malaysia have differences in handling alcohol issues; 2) The law on consuming alcoholic products varies depending on the context and interpretation of each fatwa; This research is expected to provide a more comprehensive understanding for the public regarding this issue.

SISTEM PEMBAGIAN HARTA WARISAN DI PADANG TIKAR KECAMATAN BATU AMPAR KABUPATEN KUBU RAYA PERSPEKTIF KOMPILASI HUKUM ISLAM

Sufyana Sufyana, Muhammad Hasan, Nanda Himmatul Ulya — Fri, 30 Aug 2024 00:00:00 +0000

This study aims to explain the inheritance distribution system when the heir is still alive and has died and to explain the inheritance distribution system if one of the heirs died first from the heir in Padang Tikar, Batu Ampar District, Kubu Raya Regency. The method used is a qualitative method with the type of empirical normative research. The data analysis technique was carried out through grouping the results of the new interviews and then analyzed with objective thinking. So it can be concluded that first, the application of inheritance distribution carried out by several Padang Tikar people before the heir died was not in accordance with the provisions of the Shari'a in the distribution of inheritance. However, this practice has an alternative which is stated in Article 187 of the Compilation of Islamic Law (KHI) which has the intention of allowing the distribution of inheritance to be carried out before the testator dies by fulfilling several conditions. Second, the death of an heir is a provision in the distribution of property to the heirs. This is also described in Article 171 b of the Compilation of Islamic Law, so that what is practiced by the majority of the people of Padang Tikar is in accordance with existing provisions. the majority of Jumhur Ulama agreed that the heirs who died before the heir died did not get a share, nor did their children (grandsons of Mawaris). However, this provision is explained in Article 185 of the Compilation of Islamic Law (KHI) regarding the replacement of positions. In this case, the majority of the people of Padang Tikar implement a replacement position and are considered appropriate. There are also some who do not apply this, but the provision of assets can be given through grants. This is of course in accordance with the opinion of the majority of Jumhur Ulama, but not in accordance with Article 185 of the Compilation of Islamic Law (KHI).

ANALISIS FIQIH MUNAKAHAT DAN HAK ASASI MANUSIA TERHADAP PERKAWINAN PAKSA

Qosim Baidhawi, Qomaruzzaman Qomaruzzaman — Fri, 30 Aug 2024 00:00:00 +0000

This study aims to examine the interaction between Islamic marriage jurisprudence (fiqih munakahat) and human rights (HR) in the context of forced marriage in Indonesia. Using a qualitative research method, this approach involves a literature review and analysis of legal documents. A literature review will be conducted to gather various sources related to fiqh munakahat, human rights, and the practice of forced marriage. With this approach, the study is expected to produce new insights that are useful in efforts to effectively address the issue of forced marriage in accordance with the values of Islamic law and human rights. The results of the study show that forced marriage contradicts the basic principles of fiqh munakahat which emphasize the willingness and consent of both spouses, as well as with human rights standards that uphold individual freedom. Although fiqh and positive law in Indonesia prohibit the practice of forced marriage, challenges in its implementation remain, including cultural factors and misinterpretations. Therefore, a multidimensional approach that integrates the values of fiqh, positive law, and human rights is needed to address this issue comprehensively.

PENGALIHAN HAK KEPEMILIKAN HARTA PENINGGALAN OLEH AHLI WARIS SEBELUM DIBAGIKAN PERSPEKTIF HUKUM ISLAM DAN AKIBAT HUKUMNYA

Kawakib Kawakib — Fri, 30 Aug 2024 00:00:00 +0000

The aim of this research is to discuss inheritance law issues and the legal consequences of Mr "A" who sold his parents' inheritance secretly without the knowledge of his family and other heirs. Meanwhile, "M" (mayyit) still has debts owed to other people. This method is to use normative jurisprudence. The technique in this research uses data collection techniques in the form of interviews and documentation. The data analysis technique in this research uses descriptive-analytical analysis, then described, analyzed and concluded. Based on the research results, the main factor in transferring rights to inherited assets unilaterally before being distributed by Mr. The sales money was not distributed, amounting to 1.5 billion. Meanwhile, the simayyit (parents) still have outstanding debts that their parents have not paid during their lifetime worth 500 million to other people. According to Islamic law, "A" violated the law because he controlled other people's property and rights and neglected the forest of his deceased family member (parent). In positive law Article 1320 of the Civil Code). Article 834 Civil Code. Article 1365 of the Civil Code, including controlling and causing harm to other people and including embezzlement of inheritance, is regulated in Articles 372–376 of the Criminal Code. Article 376 of the Criminal Code. In Article 385 paragraphs (1) and (6), acts of land grabbing are punishable by a maximum prison sentence of 4 years in prison or a maximum fine of nine hundred rupiah.

IMPLEMENTASI WAKAF MELALUI UANG PADA YAYASAN BAITULMAAL MUNZALAN INDONESIA DITINJAU DARI PERATURAN BADAN WAKAF INDONESIA NOMOR 1 TAHUN 2020

Siti Muti'ah Rahmadini, Muhammad Hasan, Ardiansyah Ardiansyah — Fri, 30 Aug 2024 00:00:00 +0000

Baseld oln Relgulatioln olf thel Indolnelsian Waqf Bolard Numbelr 1 olf 2020, this relselarch aims tol invelstigatel thel implelmelntatioln olf waqf throlugh molnely at thel Baitulmaal Munzalan Indolnelsia Folundatioln (BMI). Thel olbjelctivels olf this relselarch arel tol deltelrminel: 1) Holw thel lelgal basis folr thel implelmelntatioln olf waqf throlugh molnely at thel BMI Folundatioln is vielweld frolm Relgulatioln olf thel Indolnelsian Waqf Bolard Numbelr 1 olf 2020; 2) Holw thel managelmelnt olf waqf molnely at thel BMI Folundatioln is vielweld frolm Relgulatioln olf thel Indolnelsian Waqf Bolard Numbelr 1 olf 2020; 3) Holw thel managelmelnt olf waqf asselts throlugh molnely at thel BMI Folundatioln is vielweld frolm Relgulatioln olf thel Indolnelsian Waqf Bolard Numbelr 1 olf 2020. This relselarch is a typel olf elmpirical juridical relselarch. Thel primary data solurcel is intelrvielws with thel Helad olf thel Waqf Selctioln olf thel BMI Folundatioln. Theln, folr thel selcolndary data useld, it includels suppolrting intelrvielw relsults, waqf data frolm thel BMI Folundatioln, thel colmpany prolfilel olf thel BMI Folundatioln, and thel Prelselntatioln olf 5000 Rightelolus Child Waqfs. Thel data analysis telchniquel useld includels data relductioln, data prelselntatioln, and colnclusioln drawing. Thel relsults olf this study arel as folllolws: 1) Thel implelmelntatioln olf waqf at thel BMI Folundatioln has nolt yelt fully colmplield with Relgulatioln olf thel Indolnelsian Waqf Bolard Numbelr 1 olf 2020 belcausel in telrms olf institutiolnal lelgality, thel BMI Folundatioln is nolt yelt relgistelreld as a waqf institutioln. Thel trustelel folr waqf throlugh molnely at thel BMI Folundatioln is an individual trustelel. 2) Thel colllelctioln olf waqf throlugh molnely at thel BMI Folundatioln falls undelr thel agrelelmelnt "Prolductivel Waqf Zolnel olf thel Indolnelsian Munzalan Ship Molsquel" witholut spelcific melntioln olf its purpolsel. This is nolt yelt in accolrdancel with Relgulatioln olf thel Indolnelsian Waqf Bolard Numbelr 1 olf 2020. 3) In thel managelmelnt olf waqf asselts throlugh molnely at thel BMI Folundatioln, it has beleln in accolrdancel with Relgulatioln olf thel Indolnelsian Waqf Bolard Numbelr 1 olf 2020, that waqf asselts throlugh molnely arel manageld prolductivelly olr solcially.