PERNIKAHAN LINTAS AGAMA; KAJIAN MUQARIN MENURUT QURAISH SHIHAB DALAM TAFSIR AL-MISHBAH DAN HAMKA DALAM TAFSIR AL-AZHAR

2021 ◽  
Vol 2 (1) ◽  
pp. 1-30
Author(s):  
Luthviyah Romziana
Keyword(s):  
Literature Review ◽  
Interfaith Marriage ◽  
The Public ◽  
Library Research ◽  
Interfaith Marriages ◽  
Information Media ◽  
The Law

Interfaith marriages are familiar in people's lives. This is due to advances in information media or telecommunications among the public,  interfaith marriages are very easy to do. This is the root of the problem that will be discussed in the interpretation of al-Mishbah by Quraish Shihab and the interpretation of al-Azhar by HAMKA in al-Baqarah verse 221. This research is a literature review (library research) with the main source of al-Mishbah interpretation by Quraish Shihab and  al-Azhar interpretation by HAMKA. This research used  muqarin method, it's a method of comparison between the interpretation of al-Misbah and the interpretation of al-Azhar. The results of this study can be concluded that the law of interfaith marriage according to Quraish Shihab in the interpretation of al-Misbah is based on al-Baqarah verse 221, that prohibition of marriage between men or women who are Muslim and men or women who are other than Islam ( non-Muslims). The reason of those prohibition  marriage is differences in faith. Meanwhile, according to HAMKA in al-Azhar's interpretation, it is forbidden to marry polytheists, both women and men, as idol worshipers because they are not kafa`ah or sekufu.

scholarly journals Analisis Atas Keabsahan Perkawinan Beda Agama

2019 ◽  
Vol 19 (1) ◽  
pp. 85-93
Author(s):  
Hamdan Nasution
Keyword(s):  
Marital Status ◽  
Legal System ◽  
Marriage Law ◽  
Interfaith Marriage ◽  
Interfaith Marriages ◽  
The Law ◽  
Husband And Wife

Marital status of different religions in the legal system in Indonesia is illegitimate. Marriage Law Number 1 of 1974 in Article 2 paragraph 1 reveals that marriage is legal if it is carried out according to the law of each religion and belief. It means that marriage can only take place if the parties (future husband and wife) follow the same religion. From the formulation of Article 2 paragraph 1, there are no marriages outside their respective laws and beliefs. Interfaith marriages are held abroad. Keywords: Analysis, Legitimacy, Interfaith Marriage

scholarly journals PENYELUNDUPAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA

2019 ◽  
Vol 7 (2) ◽  
pp. 251
Author(s):  
Prasetyo Ade Witoko ◽  
Ambar Budhisulistyawati
Keyword(s):  
Research Data ◽  
Data Sources ◽  
Marriage Law ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Interfaith Marriages ◽  
The Law ◽  
Husband And Wife

<p>Abstract  <br />This article aims to find out about interfaith marriage arrangements carried out through legal  smuggling in Indonesia. This study is a descriptive doctrinal legal research. Data sources from this article are in the form of primary legal material and secondary legal material. The technique of collecting legal material in this article is the library study technique. The approach in this  research is the legislative approach. The result of the article is that marriage according to the  Marriage Law is a marriage carried out according to each religion and belief. So that marriage is considered valid if according to the religion and beliefs of each prospective husband and wife is also valid. Every religion cannot authorize interfaith marriages, because all religions want their followers to marry the same religion, it can be concluded that interfaith marriages are not legal, because they are not in accordance with the contents of the Marriage Law, namely marriage is valid if carried out according to each religion -one, then avoidance of the law that should apply or can be said to be an act of legal smuggling.<br />Keywords: Marriage; Different Religion Marriage; Law Smuggling</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui mengenai pengaturan perkawinan beda agama yang  dilakukan melalui penyelundupan hukum di Indonesia. Penelitian ini adalah penelitian hukum doktrinal bersifat deskriptif. Sumber data dari artikel ini yaitu berupa bahan hukum primer dan bahan hukum sekunder. Tehnik pengumpulan bahan hukum dalam artikel ini adalah tehnik studi kepustakaan. Pendekatan dalam penilitian ini adalah pendekatan perundang-undangan. Hasil artikel yaitu perkawinan menurut Undang-Undang Perkawinan adalah perkawinan yang dilaksanakan menurut agama dan kepercayaan masing-masing. Sehingga perkawinan dianggap sah jika menurut agama dan kepercayaan masing-masing calon suami istri tersebut juga sah. Setiap agama tidak bisa mengesahkan perkawinan beda agama, karena semua agama menginginkan umatnya untuk menikah dengan yang seagama, maka dapat disimpulkan bahwa perkawinan beda agama tidak sah, karena tidak sesuai dengan isi Undang-Undang Perkawinan yaitu perkawinan adalah sah apabila dilaksanakan menurut agama dan kepercayaan masing-masing, maka dilakukan penghindaran terhadap hukum yang seharusnya berlaku atau dapat dikatakan sebagai tindakan penyelundupan hukum.<br />Kata Kunci : Perkawinan; Perkawinan Beda Agama; Penyelundupan Hukum</p>

scholarly journals PERLINDUNGAN HUKUM BAGI PIHAK-PIHAK YANG BERITIKAD BAIK DALAM PEMBATALAN PERJANJIAN JUAL BELI TANAH DAN BANGUNAN (Studi Kasus Nomor 29/Pdt. G/2014/PN. Wsb)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
KERI SANTOSA ◽  
Lathifah Hanim
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Good Faith ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public ◽  
Is Research ◽  
Library Research ◽  
Empirical Law ◽  
The Law

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building

scholarly journals Korupsi dalam Perspektif Alquran

2018 ◽  
Vol 3 (1) ◽  
pp. 65
Author(s):  
Budi Birahmat ◽  
Syarial Dedi
Keyword(s):  
Literature Review ◽  
Public Interest ◽  
The State ◽  
The Public ◽  
The Law

This article aims to track the Qur'an review of corruption. Because one of the most prevalent issues in Indonesia today is criminal acts of corruption, various ways have been done by the State to overcome corruption, from changing the law, establishing an institution specifically dealing with corruption to increase the sanction for convicted of corruption, but it is still not yet yielding results that encourage the community. The data presented in this paper is sourced from literature review by tracing the sources directly related to the theme especially the Qur'an and Sunnah. From the results of this study found that: Corruption as an extra-ordinary crimes crime is not explicitly mentioned by the Qur'an, but some terms such as ghulul, suht, sarq, hirabah some terms are considered to represent the Qur'an's notion of corruption. The punishment for the perpetrators of corruption, the most appropriate according to the authors is the punishment of the ta'dzir finger which in its implementation may equal or even exceed the sanction of hadd penalty. In this case the rulers are given the power to determine punishments according to the public interest, and should not be contrary to the provisions of shari'ah and general principles, such as applying Undang-undang No. 31 Tahun 1999 and which has been perfected by Undang-undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi.

scholarly journals Penolakan Masyarakat Terhadap Pengesahan Omnibus Law Cipta Kerja dalam Perspektif Sosiologi Hukum

2021 ◽  
Vol 4 (1) ◽  
pp. 39-52
Author(s):  
Hesty Kartikasari ◽  
Agus Machfud Fauzi
Keyword(s):  
Data Collection ◽  
Literature Review ◽  
Severance Pay ◽  
The Public ◽  
The Law ◽  
Data Collection Technique ◽  
Legislative Assembly

AbstrakTujuan dari penulisan jurnal ini adalah untuk mengetahui bagaimana respon masyarakat terhadap UU Cipta Kerja yang terlah disahkan oleh DPR RI. Teknik pengumpulan data yang digunakan yaitu studi literatur. Hasil pembahasan menyatakan bahwa pengesahaan RUU yang disahkan dalam sidang Paripurna pada 5 Oktober 2020 menuai beragam reaksi dari masyarakat. Banyak elemen masyarakat yang tidak setuju dengan pengesahaan UU Cipta Kerja tersebut. UU Cipta Kerja dinilai tidak memihak pada masyarakat terutama kaum buruh. Beberapa pasal dalam UU Cipta Kerja dinilai merugikan kaum buruh. Salah satunya mengenai uang pesangon dan nilai santunan yang diturunkan. Banyak masyarakat yang kontra dengan pengesahaan UU tersebut. Masyarakat, terutama yang berasal dari elemen buruh dan mahasiswa melakukan aksi demo di berbagai wilayah untuk menolak pengesahaan UU Cipta Kerja. Di Sidoarjo demo dilakukan oleh para buruh dan mahasiswa di depan gedung DPRD Sidoarjo pada Kamis 8 Oktober 2020. Beberapa elemen mahasiswa turun ke jalan dan mendatangi gedung DPRD dan menyampaikan tuntutan penolakan atas pengesahaan UU Cipta Kerja.Kata kunci: Pengesahan, UU Cipta Kerja, MasyarakatAbstactThe purpose of writing this article is to find out how the public responds to the UU Cipta Kerja which has been legalized by the Indonesian Legislative Assembly. The data collection technique that being used literature review. The results of the discussion stated that the ratification of the RUU which was passed in Sidang Paripurna October 5, 2020, attracted various reactions from the public. Many elements of society expressed their with the passage of the UU Cipta Kerja. UU Cipta Kerja is considered to be impartial to the community, especially the workers. Several articles in the UU Cipta Kerja are considered to be detrimental to workers. One of them is regarding severance pay and lowered compensation value. Many people contravene the legalization of the law. The community, especially those from labor and student elements, held demonstrations in various regions to reject the ratification Creation of the UU Cipta Kerja. In Sidoarjo a demonstration was held by workers and students in front of the Sidoarjo DPRD building on Thursday, October 8, 2020. Several student elements took to the streets and came to the DPRD building and submitted demands for rejection of the ratification of the UU Cipta Kerja.Keyword: legalized, UU Cipta Kerja, Society

scholarly journals Religious Moderation as A Solution of Interfaith Marriages in Multicultural Society

JASSP ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 127-135
Author(s):  
Dian Ramadhan ◽  
Imam Qolyubi
Keyword(s):  
Descriptive Analysis ◽  
National Development ◽  
Analysis Method ◽  
Multicultural Society ◽  
Interfaith Marriage ◽  
Men And Women ◽  
Library Research ◽  
Differences Of Opinion ◽  
Muslim Men ◽  
Interfaith Marriages

Multicultural implies the differences. If it is managed properly, the multicultural can generate the positive strength for national development. Conversely, if not managed properly, pluralism and multiculturalism can be destructive factors and lead to catastrophic disasters. Based on the plurality, in the field of marriage law, there is an element of pluralism or multicularism with the occurrence of interfaith marriages. This marriage occurred khilfaiyah (differences) of opinion among the scholars. There are some of them who allow interfaith marriages with the limitation that they only allow to marry women who are ahl al-Kitab, while other scholars strictly prohibit interfaith marriages. This research was a library research using descriptive analysis method. In this case the author sought to describe and analyze religious moderation as a solution to interfaith marriage in a multicultural society. The result of this research is that marriage between Muslim men and women of scripture is allowed if in their actions there is a benefit and does not cause damage or harm in accordance with the principle of "jalbu al-mashalih wa daf'u al-mafashid" (taking the goodness and rejecting the destructive). Meanwhile, the marriage of polytheistic Muslim men and women, that is the women from other religions other than the divine religion, is strictly prohibited. In principle, its application must be based on the values of moderation, fairness and rationality at the value of tawassuth (middle), tawazun (balanced), i'tidal (upright), and tasamuh (tolerance).

scholarly journals THE LAW POLITICS IN THE REFORMULATION OF INTERFAITH MARRIAGE IN INDONESIA

2020 ◽  
Vol 7 (1) ◽  
pp. 25
Author(s):  
Teti Hadiati
Keyword(s):  
Public Order ◽  
Marriage Law ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Legal Situation ◽  
Religious Law ◽  
Interfaith Marriages ◽  
History Of ◽  
Study Methodology ◽  
The Law

The problems examined in this study is wast are interfaith marriages in accordance with the philosophical values of Indonesian marriage law? and why is the validity of interfaith marriages still being disputed in Indonesian marriage law? Related to the principle of continuing legal conditions and public order, the implementation of registration marriage by registration is a form of acceptance of interfaith marriages and the community has accepted the phenomenon of interfaith marriages as a natural reality and is considered to be true. This research is normative legal research and quantitative sociological legal research. The study methodology is analyzed based on the principle of public order, law smuggling, and continuation of the legal situation or rights that have been obtained. From this research, it was concluded that interfaith marriages were considered incompatible with the philosophical values of Indonesian Marriage law which were based on religious law, and could injure the long struggle history of Indonesian marriage law legislation under the principle of public order. Therefore, the registrations carried out by the civil registry office are not authoritative, but merely administrative.

scholarly journals IMPLEMENTASI JUAL BELI LELANG PERSPEKTIF ISTISHAB

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Siti Mahmudah
Keyword(s):  
Research Method ◽  
Legal Basis ◽  
Financial Problems ◽  
The Public ◽  
Library Research ◽  
The Subject ◽  
Descriptive Approach ◽  
The Law

This article aims to examine the sale and purchase of auctions from the perspective of istishab. Buying and selling auctions have occurred in the community and develop according to needs. However, the law regulating auction buying and selling is still a metter of debate among the public. The subject of this article is buying and selling auctions. Research method library research eith a descriptive approach. The propet Muhammad SAW to buy and sell auctions, as the practice applied by the propet Muhammad was to assist his friends in auctioning aff his slaves and the proceeds from the auctions of slaves were intended for his treatment.then the law of buying and selling auctions is permitted until there is a legal basis that can chage the law. The purpose of holding a sele and purchase auction is to assist and assist parties experiencing financial problems. Istishab, namely enforcing exixting law until a ne law is found for an event. Buying and selling auctions is allowed by islam because it does not harm others. The practice of buying and selling auctions is carried out in public and withnessed by everyone and there is not manipulation by certain partiens.Keywords: Istishab, buying and selling auction, buying and selling of auctions during the time of the Nabi Muhammad 

scholarly journals MAKNA PENYULUHAN HUKUM SEHUBUNGAN DENGAN PEMBUATAN AKTA OLEH NOTARIS DI KABUPATEN KENDAL

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 389
Author(s):  
Muhammad Ali Alala Mafing ◽  
Munsyarif Abdul Chalim
Keyword(s):  
Secondary Data ◽  
The Public ◽  
Library Research ◽  
Data Collecting ◽  
The Law

This research will discuss a problem of notary in interpreting Legal Counceling connect to the Deed Creation by Notary in Kendal Regency (Article 15 paragraph 2 letter e of Act Number 2 of 2014 concerning Notary Position) including where the Notary is not performing properly the authority contained in the law of Deed making.This research uses method of yuridic sociologic. The technique of data collecting is conducted with library research including primary and secondary data. The result shows that: (1) notary only provide a counceling to client and do not provide legal counceling thoroughly to the public (2) the extention material provided is limited about the making of deed when client comes. (3) notary only use the article pasively. It means that if the client does not come then the notary does not provide legal counceling.The conclusion is Notary should interprets the article and implements it activelydeal with its authority in giving legal counceling. So the purpose of the constitution is done well.Keywords : notary, legal counceling, the deed

scholarly journals Salat Jumat Setelah Salat Hari Raya Id Saat Pandemi Covid-19 dalam Perspektif Hukum Islam

2020 ◽  
Vol 1 (3) ◽  
pp. 472-483
Author(s):  
Asri ◽  
Zulfiah Sam ◽  
Rezky Damayanti
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Research Library ◽  
Second Opinion ◽  
Research Results ◽  
Islamic Perspective ◽  
Library Research ◽  
The Law ◽  
Friday Prayer ◽  
The City

This study aims to find out how the laws of Friday prayers after Eid prayer in an Islamic perspective and how the laws of Friday prayers after Eid prayers during the Covid-19 pandemic. The research method used is library research (library research), namely through literature review related to the above problems, with normative and historical approaches. The research results found are as follows; First, the law of Friday prayers after the Eid prayer is disputed by scholars in three views: First opinion: Friday prayers are compulsory for people who attend holiday prayers like Friday on any other day. Second opinion: Rukhṣah is given to leave Friday prayers for Muslims who come from hamlets to the city to perform special prayers and Friday prayers. Third opinion: A person who has performed the Eid prayer, his obligation to perform Friday prayer is null and void, but it is appropriate for the priest to establish Friday prayers so that people who wish to attend them can attend. And for Muslims who have attended the holiday prayers, they are obliged to do the midday prayer on time if they do not do the Friday prayers. As for the law of implementing Friday prayers after the implementation of the Ied prayers in the midst of the Covid 19 pandema, the law of returning to the original law will still be mandatory for areas or zones that are still considered safe in carrying out Eid prayers in congregation

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