Indonesian Journal of Shariah and Justice最新文献_第3页

Hak Istri untuk Menolak Dipoligami: Musyawarah dalam Rumah Tangga Perspektif Al-Baqarah (2): 233 妻子拒绝一夫多妻制的权利:家庭视角的穆萨瓦拉(2):233

Indonesian Journal of Shariah and Justice Pub Date : 2022-07-12 DOI: 10.46339/ijsj.v2i1.25

Nasrullah Ainul Yaqin

{"title":"Hak Istri untuk Menolak Dipoligami: Musyawarah dalam Rumah Tangga Perspektif Al-Baqarah (2): 233","authors":"Nasrullah Ainul Yaqin","doi":"10.46339/ijsj.v2i1.25","DOIUrl":"https://doi.org/10.46339/ijsj.v2i1.25","url":null,"abstract":"The Universal Declaration of Human Rights (UDHR) equalizes male and female position includes of marriage life as it is mentioned in subsection 16 (1). That subsection is also taken by the Government of Indonesia as thebase of Law No. 23 2004 which contains of the Domestic Violence Abolishment (UU KDRT) to protect the women (wife) from the violences (phisically, psychologically, and sexually) which is committed by men (husbands). While in Islam both Sunnis and Syi’i scholars permit the polygamy according to an-Nisâ’ (4): 3. Wahbah az-Zuḥailî argued that the husband is legalized doing polygamy by two conditions, they are: the fairness and ability of providing for wifes by the husband. These two conditions absolutely closes the wife’s right to reject the polygamy. Though the reality are found many wifes are hurted psychologically caused by husbands who practice the polygamy. Therefore, this article discusses specifically the content of al-Baqarah (2): 233 and its implications for the wife's right to reject the polygamy. The verse “fa in arâdâ fiṣâlan ‘an tarâḍin minhumâ wa tasyâwurin fa lâ junâḥa ‘alaihimâ” is not only turns out the weaning matter, but also to other matters in the household, including polygamy. In other words, deliberations and mutual relationships between husband and wife is not limited by the issue of weaning children only, but also concerning other issues such as polygamy, where in the deliberations the wife has the right to accept or reject the wishes of her husband to do polygamy.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115851862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tinjauan Hukum Islam terhadap Sikolodha Adat Galela di Halmahera Utara

Indonesian Journal of Shariah and Justice Pub Date : 2022-07-12 DOI: 10.46339/ijsj.v2i1.24

Arsyad Dolosi, Muhammad Zein, Baharuddin Hi. Abdullah

{"title":"Tinjauan Hukum Islam terhadap Sikolodha Adat Galela di Halmahera Utara","authors":"Arsyad Dolosi, Muhammad Zein, Baharuddin Hi. Abdullah","doi":"10.46339/ijsj.v2i1.24","DOIUrl":"https://doi.org/10.46339/ijsj.v2i1.24","url":null,"abstract":"Marriage is the only way for humans to channel their sexual desires legally and legally in the view of religion. In Indonesia, the Marriage Law explains that marriage is considered valid if it is carried out in accordance with the teachings of their respective religions. However, apart from religious factors, there are also other factors that can color a person's wedding procession, namely the traditional factor. In Soasio Village, Galela District, North Halmahera Regency, there is a custom called Sikolodha, which is a tradition or custom to take a woman to be married off to the residence of a priest, community leader or relative of a man who wants to marry her. This study tries to raise the Sikolodha phenomenon and analyze it by using an emphasis on the aspect of Islamic law. This research use desciptive qualitative approach. The results of this study found that the occurrence of Sikolodha usually occurs due to several factors, including, requests for dowry that cannot be fulfilled, no parental blessing, forced to marry another man, and getting unwed pregnancy. Meanwhile, from the aspect of 'urf, there are Sikolodha models that can be justified and some are prohibited.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130186646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TAUSIYAH PENDAKWAH DI YOUTUBE MENGENAI NIKAH SIRRI: INTERPRETASI DAN PENGAITAN HUKUM YOUTUBE上关于SIRRI婚姻的布道:解释和法律剪辑

Indonesian Journal of Shariah and Justice Pub Date : 2021-12-29 DOI: 10.46339/ijsj.v1i2.7

Kholifatun Nur Mustofa

{"title":"TAUSIYAH PENDAKWAH DI YOUTUBE MENGENAI NIKAH SIRRI: INTERPRETASI DAN PENGAITAN HUKUM","authors":"Kholifatun Nur Mustofa","doi":"10.46339/ijsj.v1i2.7","DOIUrl":"https://doi.org/10.46339/ijsj.v1i2.7","url":null,"abstract":"Youtube is one of the means to spread preaching tausiyah; through Youtube, people can access tausiyah anytime and anywhere. One of the discussions offered was a lecture delivered by Mamah Dedeh and Ustadz Abdul Somad (UAS) about sirri marriage. The author uses the two preachers to focus the discussion and theme. First, the author uses YouTube as a research source. Then this paper focuses on discussing how the preacher interprets the sirri marriage. Do tausiyah Mamah Dedeh and UAS convey sirri marriage by linking Islamic law and state law? The results of the author's search, Mamah Dedeh understands that the context of sirri marriages being carried out today is different from the sirri marriages applied by the prophet, sirri marriages carried out by the community today are marriages that are carried out secretly, even the conditions of marriage are not all fulfilled. So the marriage is invalid because it does not meet the requirements. Regarding the delivery of a lecture linking state law and Islamic law, Mamah Dedeh was firm in conveying that a marriage that meets the pillars and conditions is not enough. He emphasized that in Indonesia, there are regulations regarding the registration of marriages that protect women. Meanwhile, UAS does not link state law and Islamic law. UAS advises not to do unregistered marriages because there are many harmful effects for women.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"206 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116476629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Efektifitas Manajemen Penghimpunan Zakat Pada Badan Amil Zakat Nasional (BAZNAS) Kota Ternate 特内特市Amil Zakat (znas)国家Zakat机构捐赠管理的成效

Indonesian Journal of Shariah and Justice Pub Date : 2021-12-29 DOI: 10.46339/ijsj.v1i2.8

Maskur Sapsuha, Basaria Nainggolan

引用次数: 0

KONSEP KEPERAWANAN TERHADAP PEMBATALAN PERKAWINAN TIJAUAN HUKUM ISLAM DAN FEMINISME 童贞的概念，反对取消伊斯兰法律和女权主义婚姻

Indonesian Journal of Shariah and Justice Pub Date : 2021-12-29 DOI: 10.46339/ijsj.v1i2.9

Nada Putri Rohana, M. Mustafid

{"title":"KONSEP KEPERAWANAN TERHADAP PEMBATALAN PERKAWINAN TIJAUAN HUKUM ISLAM DAN FEMINISME","authors":"Nada Putri Rohana, M. Mustafid","doi":"10.46339/ijsj.v1i2.9","DOIUrl":"https://doi.org/10.46339/ijsj.v1i2.9","url":null,"abstract":"Virginity in fact has a variety of concepts, namely in Indonesia the concept of female virginity is that the blood membrane or hymen is still intact or a virgin concept in the presence of virgin blood. The concept is considered urgent in marriage so that it causes harassment which can disrupt the integrity and harmony of the household. The concept of virginity can be a syiqaq (disputes / disputes) so that stigma arises as reasons for canceling marriages. Regarding the cancellation of vulnerable marriages related to this issue is associated with KHI Article 72 paragraph (2), then about thereasons or reasons for divorce in KHI Article 116 letter f. This research shows that the concept of virginity undergoes a complex and sensitive evolution of law in social, cultural and religious life even in the household. The concept of virginity towards the annulment of marriage in the perspective of Islamic law and feminism presents causation, namely: (hifdz al-din) nurturing religion (by rectifying intentions in marriage and adding faith in oneself and soul to earnest in the purpose of marriage), (hifdz al-nafs ) nurturing oneself (the prohibition of approaching adultery,and the necessity of guarding the genitals and the view and prohibition of insulting the partner with allegations of dzolim), (hifdz al-nas / irdl) maintaining offspring and honor (by guarding and understanding the rules in marriage related to rights and obligations), (hifdz al-mal) preserves property (that the woman is jewelry, is clothing for the husband, vice versa, is the field for the husband, is the property and honor of the husband so that it must be safeguarded by disgrace), and (hifdz al -'aql) maintains the mind (the necessity to study as a means for men or women to open their mindset in understanding the life of the pern ikahan is a matter of sexual relations, needs healthy sexual education in order to avoid stigma or suspicion or anxiety that disrupts domestic life). Thus, it can control people's lives in accordance with the legal concept in order to rectify stigma speculation.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122686849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

MODEL PENYELESAIAN SENGKETA WARIS DALAM MASYARAKAT ACEH

Indonesian Journal of Shariah and Justice Pub Date : 2021-12-29 DOI: 10.46339/ijsj.v1i2.10

Sayuthi Sayuthi, Dedy Sumardi

{"title":"MODEL PENYELESAIAN SENGKETA WARIS DALAM MASYARAKAT ACEH","authors":"Sayuthi Sayuthi, Dedy Sumardi","doi":"10.46339/ijsj.v1i2.10","DOIUrl":"https://doi.org/10.46339/ijsj.v1i2.10","url":null,"abstract":"This article analyzes the models of the application of the theory of the inheritance dispute resolution in Bireuen community, Aceh. The inheritance dispute resolution in Aceh is not always done through the litigation system, but can also be done through non-litigation channels. This study is limited to the practice of the application of the alternative dispute resolution theories that took place in Bireuen community, Aceh, and describes the tendency of the Bireuen community to choose to resolve the inheritance disputes through the gampoeng justice system. The field data collection was carried out by observing the practice of dispute resolution in the community, and in-depth interviews with village officials and the disputing parties. The results show that the Bireuen community, Aceh tends to use the theory of negotiation, conciliation and facilitation through the customary justice system, namely the gampoeng court and the mukim court. Both of the gampoeng justice systems prioritize peaceful efforts and ensure privacy between family members. This principle is a consideration for the Bireuen community, Aceh chooses to resolve the inheritance disputes following the customary justice system compared to the official state justice system as a characteristic of the modern justice system implemented by the nation state.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127739336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

PRODUK PEMBIAYAAN PINJAM SAMBIL SIMPAN UANG (PISANG) BPRS BAHARI BERKESAN KOTA TERNATE: UPAYA PENINGKATAN EKONOMI UMMAT BPRS BAHARI在省钱的同时提供贷款产品(香蕉):UMMAT经济繁荣的努力

Indonesian Journal of Shariah and Justice Pub Date : 2021-12-29 DOI: 10.46339/ijsj.v1i2.11

Risdan Harly, Syaifuddin Syaifuddin

引用次数: 0

PELAKSANAAN AKAD MUDHARABAH DI BMT TUMANG SURAKARTA: ANALISA FATWA DSN-MUI NO.07/DSN-MUI/IV/2000 TENTANG PEMBIAYAAN MUDHARABAH

Indonesian Journal of Shariah and Justice Pub Date : 2021-12-29 DOI: 10.46339/ijsj.v1i2.12

S. Sumadi, Suprihati Suprihati, Eko Verdianto

{"title":"PELAKSANAAN AKAD MUDHARABAH DI BMT TUMANG SURAKARTA: ANALISA FATWA DSN-MUI NO.07/DSN-MUI/IV/2000 TENTANG PEMBIAYAAN MUDHARABAH","authors":"S. Sumadi, Suprihati Suprihati, Eko Verdianto","doi":"10.46339/ijsj.v1i2.12","DOIUrl":"https://doi.org/10.46339/ijsj.v1i2.12","url":null,"abstract":"This study aims to determine the implementation of the Mudharabah Agreement at BMT Tumang Surakarta in accordance with the DSN-MUIfatwa no. 07/DSN-MUI/IV/2000 or not. This research was conducted at BMT Tumang Surakarta. The data analysis technique in this study useda descriptive analysis method using a qualitative approach. The results showed that the implementation of Mudharabah financing at BMTTumang was not fully in accordance with the Fatwa of DSN N0:07/DSN-MUI/IV/2000. Things that are not in accordance with DSN FatwaN0:07/DSN-MUI/IV/2000, namely if the mudharib suffers an unintentional loss, the loss should be borne by BMT Tumang, but BMT Tumang cannot bear the loss, if there is a loss, the mudharib is asked to return the principal only. But if mudharib still can't afford it then BMT Tumang is forced to disburse the guarantee. 2) The actual guarantee can only be disbursed for the mudharib who is proven to have committed an intentional mistake, but at BMT Tumang the guarantee will also be disbursed when the mudharib suffers a loss who has been given relief to pay the principal but still cannot carry out the deposit, then BMT Tumang will be forced to withdraw the guarantee.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124418389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pembatalan Izin Poligami di Pengadilan Tinggi Agama Maluku Utara 取消北马鲁库宗教高等法院的一夫多妻制许可

Indonesian Journal of Shariah and Justice Pub Date : 2021-11-18 DOI: 10.46339/ijsj.v1i1.3

Rugaya Alkatiri, Abu Sanmas

{"title":"Pembatalan Izin Poligami di Pengadilan Tinggi Agama Maluku Utara","authors":"Rugaya Alkatiri, Abu Sanmas","doi":"10.46339/ijsj.v1i1.3","DOIUrl":"https://doi.org/10.46339/ijsj.v1i1.3","url":null,"abstract":"This study was conducted to Analyze and Correct the verdict No: 41/Pdt.G/2007/PA. Tte and Verdict No: 12/Pdt.G/2007/PTA. MU, which is the consideration of the Judges of the Ternate Religious Court and the North Maluku Religious High Court against the Verdict on polygamy permit cases that occurred in North Maluku Province. The Research Method used is Literature Research, namely: Activities to obtain Information relevant to the Consideration of judges of the Ternate Religious Court and the North Maluku Religious High Court against the ruling of polygamy permit cases. The result of this study is that the case of the Polygamy Permit Application filed by the F.A. who is domiciled as the Applicant, where the Judge in the First Level looks at the Sitting Case and Its Legal Considerations, so that the Panel of Judges in the First Level Court granted the Polygamy Permit Application. While at the Court of Appeal filed by M.A. who is domiciled as the Respondent at the First Level, but in the Appeal Level M.A domiciled as a Comparison, but in the Decision of the Panel of Judges at the Appeal Level by looking at the Sitting Case and Legal Considerations that the Verdict at the First Level is not acceptable on the grounds that the polygamy application case is a Case that is Voluntair (unilateral) not Contentiosa (has opponents where The existence of the Respondent, the First Wife) then the case is considered Obscur Libel (Escape), because the Lawyer does not include the name of the Prospective Wife of the Applicant orbanding in the contents of the Application at the First Level and on the Counter Memory Appeal so that the Panel of Judges decides the Case is unacceptable.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123389309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Menakar Fungsi Izin Dan Mediasi Pada Sengketa Perceraian Di Kalangan Pegawai Negeri Sipil Kota Mataram Dari Tahun 2010-2020

Indonesian Journal of Shariah and Justice Pub Date : 2021-11-18 DOI: 10.46339/ijsj.v1i1.2

Muhammad Idrus

引用次数: 0