scholarly journals PENETAPAN ‘ADAM WALI NIKAH OLEH PEJABAT KUA DI KOTA SEMARANG

Al-Ahkam ◽  
2016 ◽  
Vol 26 (2) ◽  
pp. 203
Author(s):  
Rokhmadi Rokhmadi
Keyword(s):  
Islamic Law ◽  
Director General ◽  
Legal Basis ◽  
General Guidance

This article is result of the study that describes the determination concept of adam wali nikah by officials of the Religious Affairs Office (KUA) in Semarang, on marriage guardian of an ineligible woman, that because of the bride’s birth is less than six months from her parents’ marriage. Having determined adam marriage guardians’ status, then KUA establishes that the marriage guardian is delegated to KUA officials in each region of Semarang. As for the basis used by those who determine the delegation for the reason of deficient condition of marriage guardians for a female to the KUA is the use of the legal basis contained in adam marriage guardians’ determination in the letter of Director General Guidance and Pilgrimage Affairs Number: D/ED/PW.01/03/1992, in which its position is under the Marriage Legislation No. 1 of 1974 and the Islamic Law Compilation (KHI).

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals Analisis Kedudukan Adat dalam Hukum Waris Islam dan Hindu Beserta Implikasinya

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 1-23
Author(s):  
Zakiyatul Ulya
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Basis ◽  
Inheritance Law

Tradition/’urf is recognized by Islamic law as a legal basis with several conditions. While the use of tradition in the distribution of inheritance is not justified because it is contrary to the provisions of Islamic inheritance which are qat‘iyah al-dilalah and qat‘iyah al-wurud. The distribution based on tradition that can be done with the agreement of the heirs, after knowing their respective parts and no one is harmed, as in article 183 of KHI. Tradition in Hindu is recognized as a source of law, which becomes law and also applies as a law with conditions that are appropriate with atmavan. The position of tradition in inheritance law has been recognized and legalized its enforcement in an area, varna, company or village based on Sloka 40 parts 60 chapter 7, Artas#astra book. Both Islamic and Hindu laws create tradition as the basis for law enforcement. The use of tradition in the distribution of inheritance is not justified by Islam because of it contradicts with Syara’ argument. However, the distribution based on tradition can be done with the agreement of the heirs, according to article 183 of KHI. In contrast, Hindu law legalizes customary enforcement in an area, varna, company or village as inheritance law based on Sloka 40 parts 60 chapter 7, Artas#astra book.

scholarly journals RESEPSI MASYARAKAT DAN WISATAWAN TERHADAP KARYA SENI MURAL DI KAWASAN KRUENG DHO DAN KRUENG DAROY KOTA BANDA ACEH

2020 ◽  
Vol 9 (1) ◽  
pp. 70
Author(s):  
Susandro Susandro ◽  
Hatmi Negria Taruan ◽  
Muhammad Ghifari
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Legal Basis ◽  
Literature Study ◽  
Research Results ◽  
The Public ◽  
Islamic Perspective ◽  
Mural Art ◽  
Banda Aceh ◽  
Descriptive Qualitative

AbstrakKarya seni mural berkemungkinan dapat mendorong meningkatkan kepariwisataan, hingga sejalan dengan meningkatnya perekonomian suatu masyarakat atau perihal lainnya. Namun, persoalannya ialah karya seni mural bertentangan dengan suatu ketentuan, khususnya sebagaimana yang terdapat dalam syariat Islam. Secara jelas dinyatakan dalam syariat Islam, dilarang membuat gambar yang menyerupai makhluk yang bernyawa atau memiliki ruh, seperti gambar manusia dan hewan. Akan tetapi, gambar tersebut dapat ditemui di pagar dan dinding-dinding rumah warga di bantaran Krueng Dho dan Krueng Daroy, Kota Banda Aceh. Faktanya, Aceh merupakan satu-satunya provinsi di Indonesia yang menjadikan syariat Islam sebagai landasan hukum Peraturan Daerah. Tujuan penelitian ini tidak bermaksud ‘memperuncing’ kontradiktif tersebut, melainkan ingin mengetahui pandangan masyarakat terhadap karya seni mural dari perspektif Islami dan berbagai kemungkinan dampak lainnya. Guna mencapai tujuan tersebut, penelitian dilaksanakan dengan metode deskriptif kualitatif. Data dikumpulkan dengan cara observasi, melakukan wawancara – terencana maupun tidak terencana – kepada masyarakat yang dianggap relevan, serta studi pustaka. Kemudian hasil penelitian dibangun berdasarkan analisis terhadap data, paparan bagaimana resepsi masyarakat terhadap karya seni mural dari sudut pandang syariat Islam.Kata Kunci: syariat Islam, mural, kontradiktif, resepsi.AbstractMural art is most likely to be able to encourage increased tourism, so that it is in line with plans to increase people's income or other matters. However, the question is the mural art which is opposed to the provisions, especially those relating to Islamic law. Clearly stated in Islamic Shari'a, released images are released that have life or spirit, such as pictures of humans and animals. However, the picture can be found on the fence and walls of the houses of the residents on the banks of Krueng Dho and Krueng Daroy, Banda Aceh City. In fact, Aceh is the only province in Indonesia that makes Islamic Sharia a legal basis for Regional Regulations. The purpose of this study is not to discuss 'trusting' these contradictions, discussing the public about mural works from an Islamic perspective and various other perspective changes. In order to achieve this goal, the study was conducted using descriptive qualitative methods. Data is collected by observation, conducting interviews - unplanned - for the community considered relevant, as well as literature study. Then the research results are built based on an analysis of the data, a presentation about the community of mural art from the perspective of Islamic law.  Keywords: Islamic sharia, murals, contradictions, receptions. 

ISLAMIC LEGAL BASIS FOR MARRIAGE

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Azmil Mukarrom
Keyword(s):  
Islamic Law ◽  
Legal Basis ◽  
Home Life ◽  
Islamic Religion

Marriage is common and applies to all of its creatures, whether in humans, animals, or herbs. It is a chosen way by God. In Islamic religion, God encourages us to perform marriage. Marriage is a process in which a woman and a man unite their relationships in a family bond with the aim of organizing home life and offspring. Marriage in Islam is a sacred process, having certain manners and cannot be done in random. If the marriage is not performed based on Islamic law, then the marriage can be an act of adultery. Therefore, we as Muslims must know the tips of marriage in accordance with the rules of Islamic religion so that our marriage is judged by Allah SWT

scholarly journals Islamic bioethics of pain medication: an effective response to mercy argument

2012 ◽  
Vol 3 (2) ◽  
pp. 4-15 ◽  
Author(s):  
Mohammad Manzoor Malik
Keyword(s):  
Islamic Law ◽  
Pain Medication ◽  
Primary Sources ◽  
Active Euthanasia ◽  
Effective Response ◽  
Islamic Bioethics ◽  
Ethical Position ◽  
Law And Ethics ◽  
General Guidance

Pain medication is one of the responses to the mercy argument that utilitarian ethicists use for justifying active euthanasia on the grounds of prevention of cruelty and appeal to beneficence. The researcher reinforces the significance of pain medication in meeting this challenge and considers it the most preferred response among various other responses. It is because of its realism and effectiveness. In exploring the mechanism and considerations related to pain medication, the researcher briefly touches the Catholic ethical position on the issue, a position that cannot be ignored in the development of contemporary bioethics. The researcher particularly deliberates on the contemporary Islamic discourse on the issue; by furthering the debate in line with the Islamic legal maxims and general guidance from the primary sources of Islamic law and ethics. The resolution on the issue is sought by synthesizing the views and legal maxims (al-Qawaid al-Fiqhiyyah) on the issue, which in conclusion provide justification for pain medication by considerably regarding pain as “necessity” and “pressing need”. However, such resolution allows pain medication to the limit and proportion that removes the pain and prohibits overdosing the patient with medication that may directly cause the death.DOI: http://dx.doi.org/10.3329/bioethics.v3i2.11700 Bangladesh Journal of Bioethics 2012; 3(2):4-15

KEBIJAKAN PENGAMPUNAN PAJAK DI INDONESIA: STUDI ANALISIS MASLAHAH MURSALAH

JURISDICTIE ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 193
Author(s):  
Heru Purwono
Keyword(s):  
Islamic Law ◽  
The State ◽  
Tax Law ◽  
Tax Administration ◽  
Research Approach ◽  
Islamic State ◽  
Legal Basis ◽  
Tax System ◽  
Tax Amnesty ◽  
Islamic View

The State of Indonesia is a State of Law, so in the case of the policy being made it must be based on the law. Fulfillment of the State’s treasury not using the concept of Islamic State such as zakat, but using taxes, whose legal basis is not derived from the Quran or Sunnah but based on the ijtihad scholars related tax law is based on the Qur’an and Sunnah. This journal study aims to find out how the policy of tax amnesty in indeneia is contrary to the constitution or not, and this writing will also describe how the Islamic view of tax forgiveness. This type of research is normative juridical and research approach is approach concept and approach of law. The results of this study indicate that tax forgiveness in Indonesia is not only for tax runners, but also for tax officials who are negligent in carrying out duties in taxes, tax amnesty is very useful to improve the tax system in Indonesia, tax administration and when viewed from the concept of Mashlahah (Islamic law), the forgiveness of taxes including Mashlahah Dharuriyah which can be useful for Hifzh al-Nafs (keeping soul), and Hifzh al-Mal (guarding the treasures) of all Indonesian people.<br />Negara Indonesia adalah Negara Hukum, maka dalam hal kebijakan yang dibuat harus berdasar pada hukum. Pemenuhan uang kas Negara bukan menggunakan konsep Negara Islam seperti zakat, tetapi menggunakan pajak, yang dasar hukumnya bukan berasal dari Quran atau Sunnah akan tetapi berdasarkan ijtihad para ulama terkait hukum pajak tersebut yang didasarkan pada Qur’an dan Sunnah. Penelitian jurnal ini bertujuan untuk mengetahui bagaimana kebijakan pengampunan pajak di indonesia apakah bertentangan dengan konstitusi atau tidak, dan penulisan ini juga akan mengurai bagaimana pandangan Islam terhadap pengampunan pajak. Jenis penelitian ini adalah yuridis normatif dan pendekatan penelitiannya adalah pendekatan konsep (satute approach) dan pendekatan undang-undang (statute approach). Hasil dari penelitian ini menunjukkan bahwa pengampunan pajak di Indonesia bukan hanya untuk para pelari pajak saja, akan tetapi juga untuk petugas pajak yang lalai dalam menjalankan tugas dalam menarik pajak, amnesty pajak sangat bermanfaat untuk memperbaiki system perpajakan di Indonesia, administrasi perpajakan dan jika dilihat dari konsep Mashlahah (hukum Islam), pengampunan pajak termasuk Mashlahah Dharuriyah yang dapat berguna untuk Hifzh al-Nafs (menjaga jiwa), dan Hifzh al-Mal (menjaga harta) seluruh rakyat Indonesia.

scholarly journals Role of Forensic Evidence in Upholding Justice: Exploring Islamic Law and the Experience of Syariah Courts in Malaysia

2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Abdul Basir Mohamad ◽  
Nurbazla Ismail
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Family Law ◽  
Case Reports ◽  
Document Analysis ◽  
Analysis Data ◽  
Legal Basis ◽  
Forensic Evidence ◽  
Law Of Evidence

In Islamic law of evidence, there are several forms of evidence commonly used by courts to establish facts. In today’s era, a form of evidence called forensic evidence has also emerged. A question then arises, what is the appropriate legal basis for acceptance of this forensic evidence in the Islamic law of evidence. This paper focuses on the evolution of the Islamic law of evidence and investigates the position of forensic evidence in Islamic law from sources such as the Quran, the Prophet’s traditions, and the practices of the Companions of the Prophet. In addition, this study also looks at the experience of the Malaysian Syariah Courts in terms of how forensic evidence is dealt with in hearing family law cases. The research design of this study is content analysis. Data were obtained by document analysis, including books, papers, journals, case reports, and other records relating to the role of forensic evidence. The methods used to interpret the data for this qualitative research are analytical and deductive. As a result, it can be said that forensic evidence is not an unfamiliar matter in the Islamic law of evidence. In fact, forensic evidence has been relied on by the Syariah Courts of Malaysia in making several decisions for certain cases in order to ensure that justice is upheld in society.

scholarly journals STUDI ANALISIS PUTUSAN PENGADILAN AGAMA JAKARTA SELATAN NO. 1751/P/1989 TENTANG PERKAWINAN MELALUI TELEPON

Al-Qadha ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 9-19
Author(s):  
Muhajir Muhajir
Keyword(s):  
Islamic Law ◽  
Legal Basis ◽  
Marriage Law ◽  
The People ◽  
Islamic Jurisprudence

The legal basis of marriage law in Indonesia Constitution No. 1 of 1974 concerning Marriage and Compilation of Islamic law which is a reduction of Islamic rules regarding marriage, divorce, representation and inheritance originating from classical Islamic jurisprudence literature from various schools which are summarized and adapted to the needs of the people of Indonesia. The two legal bases regarding the marriage are expected to be a legal basis for the Indonesian people who will carry out the marriage. But in the practice of implementing marriage in the community, many new things appear that are ijtihad because there are no rules specifically set out to regulate such matters such as marriage through telephone. 

scholarly journals Tinjauan Hukum Islam tentang Pembebanan Mut’ah dan Nafkah Iddah terhadap Suami yang Murtad (Studi Kasus Putusan Pengadilan Agama Nganjuk No: 1830/Pdt.G/2016/PA.Ngj)

2019 ◽  
Vol 3 (2) ◽  
pp. 365
Author(s):  
Rika Fitriani ◽  
Abdul Aziz
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Court Decision ◽  
Legal Basis ◽  
Definition Of

When obligations do not work in a balanced manner in fostering a household, disputes and arguments often occurs which will result in the termination of a marriage.  Divorce can occur by various factors in a marriage.  One of the factors that divorce causesare one among apostate husbands or wives, which if the marriage continues to be maintained will cause loss. As a result of the divorce because the husband has lapsed into marriage, the marriage is immediately finished, and if the marriage is fulfilled, a wife will not get mut'ah and a living from her husband, but it is different from being practiced in a religious court whose husband is burdened with giving mut '  ah and livelihood iddah.  So with the existence of these problems the author will review the judges' considerations in considering their decisions and reviewing Islamic law. This study aims to find out about the definition of Mut'ah, the livelihood of iddah and apostasy, to find out the legal basis used by the judge in deciding cases and what according to the views viewed from Islamic law.To answer these three problems, the researcher used a qualitative approach with field research that collected data directly from the source.  In qualitative research, the researcher is faced directly with the respondent, namely a direct interview by the Judge in the Nganjuk Religious Court.Based on the research, even though the husband apostatized and married the husband was still obliged to give mut'ah and livelihood because even though the apostate's husband would not obstruct the husband's obligation to his wife, and the divorce divorce case was equated with ordinary divorce divorce.  Judges use the basis of article 149, 117, with reasons for divorce article 116 letter (f) and (h) KHI (Compilation of Islamic Law) and the results of RAKERNAS MARI in 2005. and viewed from a review of Islamic law judges use volcanic jurisprudence II if  the termination of marriage because of apostasy does not require a court decision or judge's decision and is immediately canceled and does not see the consequences of the apostasy. 

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