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Grants as a Model of Inheritance Prospective Distribution in the Coastal Santri Community 赠款作为沿海三立社区遗产预期分配的模式
AlAhkam Pub Date : 2022-10-30 DOI: 10.21580/ahkam.2022.32.2.12557
Ali Muhtarom, Y. S. Nugroho
{"title":"Grants as a Model of Inheritance Prospective Distribution in the Coastal Santri Community","authors":"Ali Muhtarom, Y. S. Nugroho","doi":"10.21580/ahkam.2022.32.2.12557","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.2.12557","url":null,"abstract":"The practice of Islamic inheritance law in Muslim communities in Indonesia experiences many obstacles. One of the reasons is that there is still a tradition of distribution of assets when parents are still alive and the prevailing kinship system. It was found in transferring property to the coastal santri community in Pekalongan City. This paper reveals the method of dividing the prospective inheritance of the coastal santri community and the mechanism for resolving disputes in the event of a dispute. This article uses a qualitative socio-legal studies approach and is descriptive and analytic. This article finds two things. First, the model for distributing the assets of the coastal santri community in Pekalongan City is carried out using grants orally and deliberation for consensus. Prospective inheritance is divided by the grant system equally, without distinguishing between men and women. The dispute resolution mechanism is carried out in negotiation and mediation.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42705300","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
Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia Ithbāt Ṭalāq:印尼非法离婚的法律解决方案
AlAhkam Pub Date : 2022-10-30 DOI: 10.21580/ahkam.2022.32.2.11720
Firman Wahyudi
{"title":"Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia","authors":"Firman Wahyudi","doi":"10.21580/ahkam.2022.32.2.11720","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.2.11720","url":null,"abstract":"The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42918983","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
Traditional Law vs. Islamic Law; An Analysis of Muslim Community Awareness in Inheritance Issues 传统法与伊斯兰法之比较穆斯林在传承问题上的社区意识分析
AlAhkam Pub Date : 2022-04-28 DOI: 10.21580/ahkam.2022.32.1.11000
Fahmi Fatwa Rosyadi Satria Hamdani, S. Pebrianti, Liza Dzulhijjah, Hudzaifah Muhammad Maricar
{"title":"Traditional Law vs. Islamic Law; An Analysis of Muslim Community Awareness in Inheritance Issues","authors":"Fahmi Fatwa Rosyadi Satria Hamdani, S. Pebrianti, Liza Dzulhijjah, Hudzaifah Muhammad Maricar","doi":"10.21580/ahkam.2022.32.1.11000","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.1.11000","url":null,"abstract":"The system of inheritance distribution in Islamic law, normatively, between men and women is 2:1. Meanwhile, the traditional inheritance system of the Cipicung Girang community, Cidadap District, Bandung City, where the majority of the population is Muslim, has divided men and women equally, namely 1:1. Another uniqueness of the system is that the house they live in belongs to the child who is the last to take care of his parents. The problem is, the customary inheritance system is used by the majority Muslim population. This study aims to analyze the factors that influence public awareness in the distribution of inheritance. This study uses a mix-method with interactive analysis techniques and assisted by Smart PLS software to test the relationship between variables. This study found that inheritance follows the local traditional system because girls take care of their parents, while men are busy working. Another finding is that literacy factors have a greater influence on people's awareness and loyalty compared to religiosity and perceptions of inheritance.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42338120","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: 2
Human Rights in Maqāṣid al-Sharī’ah al-Āmmah: A Perspective of Ibn ‘Āshūr Maqāṣid al- shari ' ah al-Āmmah的人权:伊本Āshūr的视角
AlAhkam Pub Date : 2022-04-28 DOI: 10.21580/ahkam.2022.32.1.9306
Ulul Umami, A. Ghofur
{"title":"Human Rights in Maqāṣid al-Sharī’ah al-Āmmah: A Perspective of Ibn ‘Āshūr","authors":"Ulul Umami, A. Ghofur","doi":"10.21580/ahkam.2022.32.1.9306","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.1.9306","url":null,"abstract":"Sharī’ah is aimed for the goodness of mankind. By extrapolating the evidence from Qur'an and Sunnah. Islamic sharī’ah is believed to be the rules and objectives for the general interest of society and individuals. This paper focuses on the study of the concept of the nature of human rights in the view of Ibn ‘Āshūr in terms of the maqāṣid al-sharī’ah al-āmmah theory. The study is a kind of library research where the researcher collected the library data by reading books or magazines and other sources to collect data from various literatures. He used a qualitative approach by revealing the meaning of information or empirical data obtained from books, scientific or official research reports and from other literatures. This study, finally, found two results. First, there were found all characteristics of the law, the general purpose, and the meaning of sharī’ah as a whole. Second, it was found the meaning of law combined with four epistemological frameworks, namely: al-fiṭrah (religious instinct), al-samāḥah (tolerance), al-musāwah (egalitarian), and al-ḥurriyah (freedom of action). In the legality of al-maqāṣid law, this research contributes to the human rights of Ibn ‘Āshūr’s ijtihād which becomes the principle of humanity.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47279648","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
Maintaining the Plurality and Sacred Value of Islamic Law through the Existence of the Sharia Banking Law 通过伊斯兰银行法的存在维护伊斯兰法律的多元性和神圣价值
AlAhkam Pub Date : 2022-04-28 DOI: 10.21580/ahkam.2022.32.1.8825
Waldi Nopriansyah, M. Munajat, Abdul Mujib
{"title":"Maintaining the Plurality and Sacred Value of Islamic Law through the Existence of the Sharia Banking Law","authors":"Waldi Nopriansyah, M. Munajat, Abdul Mujib","doi":"10.21580/ahkam.2022.32.1.8825","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.1.8825","url":null,"abstract":"Islamic banks are the fastest growing Islamic financial institutions in Indonesia. In fact, Islamic Banks already have special regulations, namely Law Number 21 of 2008. This article aimed to analyze how important the Sharia Banking Law is in maintaining the plurality and sacredness of Islamic law in every sharia banking operational activity. The method used in this article is qualitative with a normative approach. This article found that Sharia Banking Law supports the sacredness of Islamic law, namely to realize the benefit. The existence of the Sharia Banking Law indirectly shows its capacity as a legal product that provides a plurality space so that the law can be enjoyed by all humans and all religions based on community beliefs. In addition, the existence of the Sharia Banking Law can also be a reference for other Islamic law products to provide a plurality value space behind the sacredness of Islamic law in Indonesia.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49413157","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
Waqf Land Certification Postponement for Place of Worship Due to the Obscurity of the Toll Road Expansion Project (Re-overview of Gustav Radbruch's Three Basic Legal Values Theory) 因收费公路扩建工程的模糊性而导致礼拜场所的Waqf土地认证延期(再论古斯塔夫·拉德布鲁赫的三个基本法律价值理论)
AlAhkam Pub Date : 2022-04-28 DOI: 10.21580/ahkam.2022.32.1.10745
Zidney Ilma Fazaada Emha, A. Silviana, Musahadi Musahadi
{"title":"Waqf Land Certification Postponement for Place of Worship Due to the Obscurity of the Toll Road Expansion Project (Re-overview of Gustav Radbruch's Three Basic Legal Values Theory)","authors":"Zidney Ilma Fazaada Emha, A. Silviana, Musahadi Musahadi","doi":"10.21580/ahkam.2022.32.1.10745","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.1.10745","url":null,"abstract":"Data from the Ministry of ATR/BPN shows that most waqf lands have legal certainty problems. This article wants to look at the case of delaying the certification of waqf land for the Baitussalam Mosque in Semarang City due to the unclear toll road expansion project. The discussion is related to Gustav Radbruch's theory of three fundamental legal values. This paper uses an empirical juridical approach with a qualitative descriptive-analytical research specification. Data were obtained through interviews with several key informants and supported by legal materials obtained from literature studies. The results showed that the delay in certifying the waqf land of Baitussalam Mosque at the Semarang City Land Office was due to legal concerns by residents if the land was affected by the expansion of the toll road project. This article proves that Gustav Radbruch's standard priority teachings, which prioritize justice over expediency and legal certainty, are irrelevant and not ideal. The case of Baitussalam Mosque places legal certainty through waqf land certification as a top priority that must be carried out. Thus, this study confirms the teaching of casuistic priority in the theory of modern legal goals.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41632812","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: 2
Dispute Resolution Model for Granting Hareuta Peunulang through the Customary Court in Pidie Regency, Aceh Province 通过亚齐省皮迪县习惯法院授予Hareuta Peunulang的争议解决模式
AlAhkam Pub Date : 2022-04-28 DOI: 10.21580/ahkam.2022.32.1.10932
Aufa Miranti, T. Mansur, S. Sulaiman, Faridah Jalil
{"title":"Dispute Resolution Model for Granting Hareuta Peunulang through the Customary Court in Pidie Regency, Aceh Province","authors":"Aufa Miranti, T. Mansur, S. Sulaiman, Faridah Jalil","doi":"10.21580/ahkam.2022.32.1.10932","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.1.10932","url":null,"abstract":"Hareuta peunulang is a grant of immovable property from parents to their daughters before marriage in Pidie Regency, Aceh Province. Disputes are resolved through customary court, but the settlement that should have been settled at the mukim level was brought to the Mahkamah Shar'iyyah. Therefore, this study aimed to identify the causes of the hareuta peunulang practice disputes and find an effective and efficient model for resolving them through customary courts. Empirical juridical methods were used with data collected data through observation and interviews and analyzed using a qualitative descriptive approach. The results showed that disputes are caused by the lack of deliberation in the hareuta peunulang process. The social plurality of laws makes the dispute resolution model through customary courts ineffective and inefficient. Therefore, the role of the village head (keuchick) and head of mukim (imuem mukim) is needed to educate the community regarding customary justice procedures that should to conducted at the village (gampong) and mukim levels.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43015336","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
Pre-Marital Education: Concepts and Regulations in Indonesia and Malaysia 婚前教育:印尼和马来西亚的观念和法规
AlAhkam Pub Date : 2022-04-28 DOI: 10.21580/ahkam.2022.32.1.10709
Kamarusdiana Kamarusdiana, Burhanudin Yusuf, Maman Rahman Hakim, H. Dahri
{"title":"Pre-Marital Education: Concepts and Regulations in Indonesia and Malaysia","authors":"Kamarusdiana Kamarusdiana, Burhanudin Yusuf, Maman Rahman Hakim, H. Dahri","doi":"10.21580/ahkam.2022.32.1.10709","DOIUrl":"https://doi.org/10.21580/ahkam.2022.32.1.10709","url":null,"abstract":"One of the most significant ways to create a happy family and minimize divorce is premarital education. Indonesia and Malaysia are two countries that have realized it and have regulated it in the regulations of their respective countries. This paper focuses on studying the concept and regulation of premarital education in these two countries. This paper uses a normative juridical approach using library research and comparative law. This study found that premarital education aims to create household happiness to avoid divorce. Indonesia regulates it in the Decree of the Director-General of Islamic Religion by implementing the Office of Religious Affairs or institutions recognized by the Ministry of Religion. Meanwhile, in Malaysia, it differed according to state regulations, such as enactment 11 of 2003 amendment of the Islamic Family Law (Negeri Sembilan) 2003 Part II of Marriage Section 16 concerning Applications for Marriage Truth and carried out by the Malaysian Islamic Progress Office. Premarital education, although both aim to create a family and minimize divorce, in Indonesia, it only provides guidelines, while in Malaysia, it is a mandatory requirement for prospective brides to get married.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47121848","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
Social Fiqh and Its Implications for Community Life in Society 5.0 社会Fiqh及其对社会社区生活的影响5.0
AlAhkam Pub Date : 2021-10-31 DOI: 10.21580/ahkam.2021.31.2.8219
Arbanur Rasyid
{"title":"Social Fiqh and Its Implications for Community Life in Society 5.0","authors":"Arbanur Rasyid","doi":"10.21580/ahkam.2021.31.2.8219","DOIUrl":"https://doi.org/10.21580/ahkam.2021.31.2.8219","url":null,"abstract":"This paper aims to analyze and examine the developmental model of social fiqh in the era of society 5.0 and its implications for the social life of modern society in the 21st century AD. The research method uses a literature review by collecting various appropriate and supportive literature on social fiqh studies, such as the works of KH Sahal Mahfudz and KH Ali Yafi. The study results show that social fiqh in the 5.0 era will increase the ease of access and progress in people's lives concerning social, cultural, economic, and political issues by prioritizing the values of the public benefit. The development of social fiqh in the era of society 5.0 is a step to alleviate the increasingly complex problems of the people. Social fiqh also educates and guides humans to become advanced, independent, prosperous, tolerant, moderate, balanced, and just human beings.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45268139","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: 3
The Enforcement of MUI Fatwa Number 1 of 2003 concerning Copyright for Merchants Selling Pirated VCD and DVD in Manado City 关于Manado市贩卖盗版VCD和DVD的商人版权的MUI Fatwa 2003年第1号法令的执行
AlAhkam Pub Date : 2021-10-31 DOI: 10.21580/ahkam.2021.31.2.8638
Evra Willya, Ahmad B. Bintang Maronrong, Sabil Mokodenseho
{"title":"The Enforcement of MUI Fatwa Number 1 of 2003 concerning Copyright for Merchants Selling Pirated VCD and DVD in Manado City","authors":"Evra Willya, Ahmad B. Bintang Maronrong, Sabil Mokodenseho","doi":"10.21580/ahkam.2021.31.2.8638","DOIUrl":"https://doi.org/10.21580/ahkam.2021.31.2.8638","url":null,"abstract":"This article aims to determine the enforcement of the MUI Fatwa Number 1 of 2003 concerning Copyrights for Muslim merchants selling pirated VCDs and DVDs in Market 45, Manado City. A qualitative method with observation, interview, and documentation techniques was used to analyze the data. Of the six Muslim traders interviewed, the results showed that the MUI fatwa enforcement was ineffective due to the lack of socialization and evaluation of merchants. Also, the merchants did not stop selling pirated products because they lacked religious understanding and awareness and lived below the poverty line. At the same time, the authors' economic rights become a barrier to the public in accessing the product because it is valued beyond the ability of consumers. This study suggests that the MUI ought to pay attention to the economic balance between the authors' economic rights and the public, such as merchants.","PeriodicalId":31042,"journal":{"name":"AlAhkam","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48961884","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: 6
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