MASADIR: Jurnal Hukum Islam最新文献

{"title":"KOMPARASI KEWENANGAN PENGADILAN NEGERI SURABAYA DALAM SENGKETA EKONOMI SYARIAH PERSPEKTIF KEPASTIAN HUKUM","authors":"Abdelmjid Hafid","doi":"10.33754/masadir.v3i02.885","DOIUrl":"https://doi.org/10.33754/masadir.v3i02.885","url":null,"abstract":"Kekuasaan kehakiman adalah Lembaga yudikatif yang diberikan kewenangan dalam menyelesaikan suatu persengketaan hal ini Mahkamah Agung yang menaungi empat badan peradilan di bawahnya. Dalam Putusan pengadilan Negeri Surabaya antara perkara No: 622 Pdt.G/2021/PN.Sby dan perkara No:  835 Pdt.Bth/2021/PN.Sby merupakan satu subjek hukum dan objek hukum yang sama, akan tetapi dalam putusan Pengadilan menimbulkan amar putusan yang berbeda (kontradiktif). Artikel ini mengkaji studi komparatif tinjauan teori kepastian hukum terhadap putusan pengadilan. Dalam artikel ini penulis menggunakan metode penelitian dengan pendekatan putusan pengadilan, kepustakaan, peraturan perundang-undangan dan doktrinal. Dalam Putusan pengadilan Negeri Surabaya terdapat dua putusan yang berbeda , Pertama, putusan pengadilan dengan Register No: 622 Pdt.G/2021/PN.Sby menyatakan tidak memliki kewenangan secara absolut hal ini sesuai dengan peraturan perundang-undangan yang berlaku, Kedua, putusan Pengadilan, dengan Register No. 835 Pdt.Bth/2021/PN.Sby memilik kewenangan secara absolut hal ini tidak sesuai dengan peraturan perundang-undangan, Teori Kepastian Hukum adalah salah satu prinsip hukum yang sangat penting dalam sistem hukum di banyak Negara, termasuk Indonesia. Teori ini mengacu pada prinsip, bahwa hukum harus jelas, pasti, dan dapat dipahami oleh semua orang atau warganegara yang tunduk pada hukum tersebut, sehingga dalam putusan pengadila tersebut menimbulkan putusan yang kontradiktif, putusan yang pertama sesuai dengan peraturan hukum yang berlaku, sedangkan putusan yang kedua tidak sesuai dengan peraturan hukum.","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":" 35","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140383980","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}

{"title":"TRANSFORMASI PARADIGMA USHUL FIQIH: KONTINUITAS DAN PERUBAHAN DALAM PEMIKIRAN HUKUM ISLAM","authors":"M. Najib","doi":"10.33754/masadir.v3i01.804","DOIUrl":"https://doi.org/10.33754/masadir.v3i01.804","url":null,"abstract":"Science is always developing and will continue to develop with the times, as is the science of ushul fiqh. This scientific discipline has periods or phases in its development. Starting from the embryonic phase until the modern century. This article aims to provide a comprehensive understanding of the development of the science of ushul fiqh and explore paradigm shifts in ulus fiqh thinking from the early period to the modern era. These include analyzing the factors that cause paradigm changes, continuity in the principles of fiqh, and the impact of this transformation on the understanding of Islamic law in the contemporary context. The methodology used is descriptive qualitative. The results of the analysis of the development of ushul fiqh show that change is important, because problems are always developing. Likewise, the science of ushul fiqh, from the embryonic phase to the modern phase, from mutaqaddimin to mutaakkhirin. The changes, problems and perspectives we face are of course different, so that all existing problems can be answered optimally. Even though the methods are different, in principle they have the same goal, namely how to ground the Islamic Salih Li Kulli Zaman Wa Makan law.","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"15 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139386576","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}

{"title":"PETUNJUK DAN LANDASAN DALAM PENETAPAN GARIS NASAB PESPEKTIF HUKUM ISLAM","authors":"Ahmad Muhammad Sa'dul Kholqi","doi":"10.33754/masadir.v3i01.803","DOIUrl":"https://doi.org/10.33754/masadir.v3i01.803","url":null,"abstract":"In Islamic jurisprudence, Nasab holds a crucial position, being one of the five elements categorized under \"kulliyatul khoms\" that demand safeguarding, thus subjecting it to the application of Islamic laws. The preservation of Nasab stands as a primary objective in the implementation of Islamic law, and its significance has escalated in the contemporary era. The prevalence of various deviations in the process of childbirth underscores the urgency of upholding this aspect. Furthermore, the Republic of Indonesia's legal framework recognizes numerous rights for children, emphasizing the necessity of a legitimate lineage for the entitlement to these rights. As Muslims residing in a nation governed by laws and regulations, it becomes imperative for us to comprehend the foundational aspects that contribute to the determination of our lineage. An awareness of these factors becomes pivotal, as it directly impacts our ability to establish lineage connections and, consequently, secure the associated legal rights within the societal and legal framework of Indonesia.","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"60 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139388431","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}

{"title":"MODEL POLITICAL DISTRIBUTION PENGELOLAAN ZAKAT DAN IMPLIKASINYA TERHADAP EKONOMI UMAT DI ERA PANDEMI COVID 19","authors":"Bakhrul Huda, Ah. Ali Arifin, Basar Dikuraisyin","doi":"10.33754/masadir.v3i01.672","DOIUrl":"https://doi.org/10.33754/masadir.v3i01.672","url":null,"abstract":"This research reveals the accurate strategy of zakat management carried out by 'Umar b. 'Abd al-Az?z through the political distribution model. Before Umar served as caliph, the pattern of zakat management was chaotic, the distribution was carried out without looking at efficiency, so that the distribution of zakat was not able to alleviate poverty, through political distribution policies it was able to elevate the economic status of the poor who were previously exposed to poverty. The significance of this research is to answer how the management of the distribution of zakat funds is very effective and locally integrated so that it is feasible to apply in the era of the Covid-19 pandemic. This research is a literature study with a descriptive qualitative approach. Data mining uses a single but in-depth method by examining the main documentation sources. The data obtained at the final stage were analyzed using the content analysis method. The resulting findings are 1) 'Umar b. 'Abd al-'Az?z applies political distribution in the distribution of zakat with the principle of priority, that is, zakat funds collected are prioritized for muzakki areas without being issued to other areas. 2) the regional welfare system is a top priority. Zakat management which consists of collection, utilization and distribution, is carried out in a separate locus area. This kind of management is appropriate for modern era zakat institutions and muzakki considering that Muslims are found in every area who have been financially affected by the Covid-19 pandemic.","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123966080","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}

{"title":"EFEKTIVITAS SANKSI PIDANA BAGI PELANGGARAN TINDAK PIDANA PEMILU","authors":"Rizka Amaliatus Syafaah","doi":"10.33754/masadir.v3i01.582","DOIUrl":"https://doi.org/10.33754/masadir.v3i01.582","url":null,"abstract":"In Indonesia, violations of election crimes are not something new. In fact, violations of election crime are almost always found in every election period that take place. During the last election period in 2019 to be exact, there were around 548 findings and reports of election crimes that reached the court examination stage. And in the previous period (2014 election) there were also around 70 findings of criminal violations. Even though there are regulations and sanctions that strictly regulate this matter, these violations still occur. This Article aims to analyze empirically regarding the effectiveness of criminal sanction for violations of election crimes. The research method used in this research is empirical research, where this research focuses on harmony between the reality that occurs in society and existing laws. This study concludes that the effectiveness of criminal sanction as a tool to evercome the occurrence of election crimes cannot be properly practiced if they are not supported by the existence of legal awareness in society, the legal culture that exists in society and a sense of nationalism in order to achieve honest, clean and fair election, fair and not concerned with power and victory alone.","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123613800","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}

{"title":"DISPENSASI PERKAWINAN DAN KEBIJAKAN POLITIK HUKUM DI INDONESIA","authors":"M. Rohman","doi":"10.33754/masadir.v3i01.677","DOIUrl":"https://doi.org/10.33754/masadir.v3i01.677","url":null,"abstract":"The legal politics of marriage dispensation in Indonesia are related to legal policies related to the Marriage Law. Marriage dispensation is regulated in the Law due to the limitation of the minimum age for marriage which was changed to 19 years for both sexes. The legal policy of marital dispensation is influenced by philosophical and sociological considerations such as justice, benefit, expediency, and legal certainty. PERMA Number 5 of 2019 provides guidelines and standards for judges in considering and determining marriage dispensations and paying attention to the best interests of children. However, clearer clarification is needed from the State regarding emergency situations that allow for dispensation of marriage and stricter procedures for dispensing marriage to prevent early marriage.","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117295608","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}

{"title":"PENGARUH WAKAF SAHAM DAN WAKAF PRODUKTIF TERHADAP PASAR MODAL SYARIAH SERTA PERTUMBUHAN EKONOMI MASYARAKA","authors":"Mohammad Majduddin","doi":"10.33754/masadir.v3i01.670","DOIUrl":"https://doi.org/10.33754/masadir.v3i01.670","url":null,"abstract":"This research aims to analyze the direct and indirect effects of stock endowments and productive endowments through the Islamic capital market on economic growth in Indonesia. The analysis method used is path analysis. The results of the research show that, directly, stock endowments have a positive and significant influence on the Islamic capital market, and the Islamic capital market also has a positive and significant influence on economic growth. On the other hand, productive endowments do not have a significant direct influence on the Islamic capital market or economic growth. Indirectly, both stock endowments and productive endowments through the Islamic capital market have a negative and non-significant influence on economic growth. Based on these analysis results, it can be concluded that stock endowments can be used as an instrument to develop the Islamic capital market in Indonesia and contribute positively to economic growth. Meanwhile, productive endowments still do not have a significant influence on the Islamic capital market or economic growth. Therefore, efforts are needed to enhance the effectiveness of productive endowments in driving the Islamic economy in Indonesia","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129555476","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}

{"title":"PROTOKOL PEMULASARAAN JENAZAH AKIBAT COVID-19 BERDASARKAN FATWA MUI No. 18 TAHUN 2022","authors":"Azzahra Sabrina Hanifa, Adede Dicky Ardian, Yaniz Naura Naviana Haryadi","doi":"10.33754/masadir.v2i2.549","DOIUrl":"https://doi.org/10.33754/masadir.v2i2.549","url":null,"abstract":"This article aims to provide an explanation of the law regarding the handling of corpses infected with Covid-19 (an analysis study of the MUI Fatwa Number 18 of 2020). The main problem in this research is what is the MUI's view of the law regarding the management of the bodies of Covid-19 victims? What is the analysis of MUI Fatwa Number 18 of 2020 regarding the protocol for treating bodies infected with Covid-19? The type of research used in this research is qualitative research (descriptive qualitative). The data source used is library research. The approach used is a normative approach, namely legal research conducted by examining literature review materials or secondary data as the main material for research by conducting a search of various regulations related to the problem to be studied. The data collection method used is by reviewing manuscripts and studying literature. The data collected mainly comes from books that are primary, then followed by supporting books that are secondary and as a complement, the researcher also uses tertiary data in providing an explanation of primary and secondary data. The data processing method is by reviewing, checking and interpreting the collected data so that the phenomenon being studied can be described. Furthermore, for the data analysis method, the researcher used a descriptive qualitative method, namely analyzing data which was carried out by presenting various data from the results regarding the process of handling the bodies of Covid-19 according to the MUI Fatwa. The results of the research are from the researcher's analysis to answer the problem of how the protocol for treating corpses due to Covid-19 is based on the MUI Fatwa Number 18 of 2020, in accordance with the results of the MUI Fatwa study Number 18 of 2020, in the view of sharia, Muslims who died due to the Covid-19 outbreak are included the category of martyrs in the afterlife and the rights of the corpse must be fulfilled, including washing, shrouding, offering prayers, and burial, where the implementation must maintain the safety of officers by complying with medical protocol provisions. \u0000Keywords: Restoration Protocol, Dead Body of Covid-19, MUI Fatwa No. 18 of 2020","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128308707","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}

{"title":"PRAKTIK JUAL BELI PADA AGROWISATA PETIK BUAH JERUK DI DESA WARU KECAMATAN PALANG KABUPATEN TUBAN PERSPEKTIF HUKUM ISLAM","authors":"Habib Masyhudi, Zulfa Imroatus Shofiyah","doi":"10.33754/masadir.v2i2.578","DOIUrl":"https://doi.org/10.33754/masadir.v2i2.578","url":null,"abstract":"Tuban is one of the districts supporting the national food storage in East Java, where there are tourist attractions for citrus fruit picking gardens. Agriculture-based tourism will provide great opportunities for farmers and communities to expand the agricultural sector and increase income. The agro-tourism system for picking oranges in Waru Village, Palang District, Tuban Regency, is that every visitor who wants to enter an orange garden does not have an entry ticket, but is required to buy the fruit. Here the author is interested in researching this practice from the perspective of Islamic law. This study uses a qualitative method, data collection is done through interviews, observation, documentation, and meaning. The results of the analysis of buying and selling practices in citrus fruit picking agro-tourism concluded that buying and selling practices there did not meet the requirements in the specified buying and selling, namely the conditions of aqid (a person who has a contract), which should be the requirements of an aqid being baligh, intelligent, tamyyiz and without coercion, while on the other hand there is no opportunity for the buyer to cancel if he has agreed to the contract for granting permission to enter with these conditions. According to the Malikiyah and Hanafiyah scholars, a sale and purchase that has not fulfilled one of the terms and pillars means that the contract is classified as a vanity contract and the fiqh scholars state that a false contract is classified as an invalid contract..","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"176 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124361705","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}

{"title":"HUKUM WARIS ISLAM: SOLUSI AKHIR UNTUK KETIMPANGAN SOSIAL TERHADAP PEREMPUAN","authors":"M. Rohman","doi":"10.33754/masadir.v2i2.577","DOIUrl":"https://doi.org/10.33754/masadir.v2i2.577","url":null,"abstract":"When a person passes away, most of his rights, according to Islamic law, are given to his heirs and representatives. All property rights, usufructuary rights, and other collateral rights are included in this transferrable right. The Islamic system of inheritance features a broad distribution plan centered on a larger familial circle. The work that must be accomplished for each of the parts determines how they differ from one another. However, there is significant discrimination against the social roles of women. Therefore, a woman's inherited share becomes significant if she is granted the ability to use that portion.","PeriodicalId":409505,"journal":{"name":"MASADIR: Jurnal Hukum Islam","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125135049","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}