scholarly journals KAJIAN HUKUM ISLAM TERHADAP TRADISI SEDEKAH BUMI (KONVENSI TRADISI JAWA) DALAM PERSPEKTIF FIQIH IMAM SYAFI’I

2021 ◽  
Vol 14 (2) ◽  
pp. 363-382
Author(s):  
Daud Rismana ◽  
Muhamad Farchan Sulistiyanto
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Analysis Techniques ◽  
The Past ◽  
The Earth ◽  
Agricultural Produce ◽  
The People ◽  
Inductive Methods ◽  
Using Data ◽  
The Universe

Among the people of Java. Especially in the Cangkring Village of Rembang, Karanganyar, Demak. There are various rituals that are sacred and have been hereditary traditions, one of which is the earth alms tradition is a cultural ritual from the past. The community in the Cangkring Rembang Village, Karanganyar, Demak, considers that the real purpose and purpose of the earth alms tradition is a form of gratitude that created the universe namely God who has bestowed agricultural produce for the people in the Cangkring Rembang Village. Therefore, the people of Cangring Village in Rembang always carry out the tradition of alms in the earth, which is in the middle of the moon or dzulqo’dah. In this study included field research in the Cangkring Rembang Village, Karanganyar, Demak. While information is collected by interviews. The data that has been obtained is analyzed using data analysis techniques with descriptive, deductive, and inductive methods. Likewise, almsgiving is a convention of Javanese tradition with Islam. Given the earth alms tradition is a ritual passed down from ancestors to later generations, even though the earth alms tradition does not directly mention it in the Holy Qur'an and the Prophet's Hadith, but it is reviewed from the Islamic law in perspective fiqh, it is still permissible but does not contradict existing Islamic laws, and does not associate partners with Allah SWT.

scholarly journals TRADISI MERASI DALAM ADAT PERKAWINAN MELAYU RIAU (STUDI ANALISIS TERHADAP PENENTUAN KAFAAH CALON PENGANTIN DI KELURAHAN BAGAN BATU)

2016 ◽  
Vol 2 (2) ◽  
pp. 179
Author(s):  
Rahmat Pulungan
Keyword(s):  
Data Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Analysis Techniques ◽  
The People ◽  
Religious Understanding ◽  
The Way

<em>Kafaah aims to create harmony and balance in marriage. Criteria of kafaah in jurisprudence according to scholarly is nasab, wealth, beauty, diyanah, hirfah and self independence. The problem that occurs is when determining kafaah in Bagan Batu, the Malay community has its own way in the process or determine kafaah, they carry the tradition called merasi to ensure compatibility between their children who will carry out the marriage. The main problem to be answered through this research is to determine how the process of merasi in determinig kafaah conducted by Malay community in Bagan Batu, what is the purpose of this tradition and how the views of Islamic law against the tradition. The purpose of this study: 1). To know the procedures of merasi tradition 2). To find out the purpose of merasi in determining kafaah 3). To find out the views of the Islamic law in the determination of kafaah through merasi process undertaken by the community of Bagan Batu , Bagan Sinembah ,Riau Province. The research is a field research that is descriptive qualitative. In the collection of necessary data, the author uses interview and observation techniques. While in the data analysis techniques, used qualitative method that describe the situation on the ground systematically. The results of this research is merasi tradition that conducted by people in Bagan Batu by combining both the name of the bride, and the progenitor will predict the state of their household after marriage. The way of this merasi may vary according to the progenitor who will perform it. Whereas the purpose of this merasi to reduce the disadvantages and for the achievement of the benefit in marriage. Merasi tradition in determining kafaah that happened inBagan Batu may be accepted and enforced. Because, during the process nothing contrary to Islamic law, also aimed to benefit of the people. In fact, before merasi the progenitor will ask the religious understanding of the bride, and it is also used as a basic foundation for determining the kafaah between the couple.</em> Kafaah bertujuan untuk menciptakan keserasian dan keseimbangan dalam perkawinan. Kriteria kafaah dalam fiqih menurut jumhur ulama ialah nasab, kekayaan, kecantikan, diyanah, hirfah, dan kemerdekaan diri. Permasalahan yang terjadi adalah saat menentukan kafaah, di Kel. Bagan Batu, para masyarakat Melayu mempunyai proses atau cara tersendiri dalam menentukan kafaah, mereka melaksanakan tradisimerasi untuk memastikan keserasian antara anak mereka yang akan melaksanakan perkawinan. Masalah penelitian ini adalah bagaimana proses merasi dalam menentukan kafaah yang dilakukan masyarakat Melayu di Kel. Bagan Batu, apa tujuan dari tradisimerasi dan bagaimana pandangan hukum Islam terhadap tradisimerasi tersebut. Riau. proses merasi yang dilakukan masyarakat Bagan Batu yaitu dengan cara menggabungkan kedua nama calon mempelai, dan datuk yang bersangkutan akan meramal keadaan rumah tangga mereka setelah menikah. Cara merasi ini beragam metodenya sesuai dengan datuk yang akan mem-faal. Sedangkantujuan dari merasi ini untuk mengurangi kemudharatan dan demi tercapainya kemaslahatan dalam pernikahan. Tradisimerasi dalam penentuan kafaah yang terjadi di Kel. Bagan Batu ini boleh diterima dan diberlakukan. Karena, selama proses merasi tidak ada hal yang bertentangan dengan hukum Islam yang juga menginginkan kemaslahatan umat. Bahkan, sebelum merasi para datuk akan menanyakan pemahaman agama para calon pengantin, dan hal ini juga dijadikan sebai landasan dasar dalam menentukan kafaah antara pasangan tersebut.

scholarly journals Historical Studies on Sarak Values and their Implementation in Gowa

2017 ◽  
Vol 8 (3) ◽  
pp. 183-188
Author(s):  
M. Dahlan
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Spiritual Values ◽  
Main Method ◽  
Sanctity Of Life ◽  
Descriptive Research ◽  
The Past ◽  
The People ◽  
Intellectual Capacity ◽  
Qualitative Descriptive

Abstract The study examined historical sense of sarak values and their implementation in Gowa, including the concept of sarak as a part of pangngadakkang element, Gowa people’s understanding about sarak as pangngadakkan element, and the implementation of sarak values among Gowa people. This is a qualitative descriptive research implementing field research method. In order to find out the actualization of sarak in Gowa, it also used historical approach as the main method in the research. The data obtained in this study were processed and analyzed in a deductive, inductive, and comparative way. The study found out that sarak is Islamic law as well as pangngadakkang element which is determined after Islam exists and is accepted by the people of Gowa. The implementation of sarak in Gowa is loaded with intellectual, moral, social, and ritual values. Spiritual values related to humanism contain aspects of the sanctity of life. Intellectual value is found in the history that in the era of Gowa Kingdom local people have reached high intellectual capacity. The teachings of sarak also set social values which mainly include on procedures of men relation in the law of family and muamalah. Ritual value is also the most prominent aspect as reflected in palili and attumate ceremony. The research indicated the significance of preserving sarak values as the element of pangngadakkang as long as it does not conflict with the teachings of Islam, for it symbolizes identity of a community that has been bequeathed by the glory of the past.

Analisis Pembiayaan Dana Talangan Haji untuk  Biaya Perjalan Ibadah Haji

2018 ◽  
Vol 1 (2) ◽  
pp. 228-244
Author(s):  
Asmawarna Sinaga ◽  
Anjur Perkasa Alam ◽  
Fariz Arkan ◽  
Sri Wahyuni Hasibuan
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Interactive Methods ◽  
Islamic Banks ◽  
Data Presentation ◽  
Analysis Techniques ◽  
Collection Data ◽  
Definition Of ◽  
The Cost

  Analysis of the amount of financing the hajj bailout for the cost of the pilgrimage (Case Study of Bank Sumut Syariah Sub-Branch Stabat).Asmawarna Sinaga and Anjur Perkasa Alam. Hajj financing is a loan from a sharia bank to customers to cover the shortage of funds to obtain a seat (seat) Hajj at the time of repayment BPIH (Hajj Travel Expenses). This financing product uses the Qardh Wal Ijarah principle. The purpose of this research is to know the view of Islamic law against financing of Hajj bailout fund and to know the view of Islamic law about ujrah fee on akad of bailout fund of Hajj. This research is field research. The definition of the Hajj bailout is a bailout fund from a bank to a special customer to cover kekurangandana to cover the lack of funds to obtain a portion number at the time to pay the cost of organizing the pilgrimage. The research design uses a qualitative approach with non-statistical analysis While the data analysis techniques use content analysis and interactive methods consisting of data reduction, data collection, data presentation and conclusion. The results of this study note that the akad bailout funds in Islamic banks contain multi-akad, where the contract used qardh and ijarah is allowed. While the view of Islamic law regarding the taking of ujrah fee on hajj bailout fund is not in accordance with sharia due to the percentage of ujrah fee based on qardh fund.

scholarly journals The Role of Superstition in Twain’s The Adventures of Huckleberry Finn and Shakespeare’s Macbeth: A Comparative Study

2016 ◽  
Vol 6 (1) ◽  
pp. 37
Author(s):  
Jamal Subhi Ismail Nafi’
Keyword(s):  
Comparative Study ◽  
Social Factors ◽  
Religious Beliefs ◽  
Adventures Of Huckleberry Finn ◽  
The Past ◽  
The People ◽  
The Universe ◽  
Shed Light ◽  
Huckleberry Finn

<p>This article is an attempt to explore the inclusion and the use of superstitious elements in Mark Twain’s novel <em>The Adventures of Huckleberry Finn</em> (1884) and Shakespeare’s play <em>Macbeth</em> (1611). Superstition involves a deep belief in the magic and the occult, to almost to an extent of obsession, which is contrary to realism. Through the analytical and psychological approaches, this paper tries to shed light on Twain’s and Shakespeare’s use of supernaturalism in their respective stories, and the extent the main characters are influenced by it. A glance at both stories reveals that characters are highly affected by superstitions, more than they are influenced by their religious beliefs, or other social factors and values. The researcher also tries to explore the role played by superstition, represented by fate and the supernatural in determining the course of actions characters undertake in both dramas. The paper concluded that the people who lived in the past were superstitious to an extent of letting magic, omens; signs, etc. affect and determine their lives; actions and future decisions. They determine their destiny and make it very difficult for them to avoid it, alter it or think rationally and independently. And that, man’s actions are not isolated, but closely connected to the various forces operating in the universe.</p>

scholarly journals Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan

2020 ◽  
Vol 5 (2) ◽  
pp. 166-180
Author(s):  
Fatahuddin Aziz Siregar
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Total Change ◽  
Positive Law ◽  
The Supreme Court ◽  
The Status ◽  
Using Data ◽  
Adat Law

The South Tapanuli community adopts a patrilineal kinship system so that women do not get inheritance, even if there is acquisition of property, women receive it not in their capacity as heirs but in the form of holong ni ate as confirmed in the Supreme Court Jurisprudence number 506K / Sip / 1968 dated January 22, 1969 However, on the other hand the Tapsel community underwent a process of Islamization that was quite deep, so that the customary law of South Tapanuli was also influenced by positive law including Jurisprudence which gave heir to girls later issued by the Supreme Court number 528K / Sip / 1972 dated 17 January 1973. This rule makes the practice of distributing the assets of Tapsel's community inheritance also shifts no longer according to the full provisions of adat law.This paper focuses on answering the factors that cause the shift in Batak customary inheritance in Tapsel, how the form of Batak adat inheritance shifts in Tapsel, and how the role of Islamic law in the shifting Batak customary inheritance in Tapsel. To answer this, use descriptive-analytical field research using data collection techniques in the form of observations and interviews with traditional leaders, religious leaders, judges and the community who carry out the distribution of inheritance.From this search, the authors found that the practice of inheritance in Tapsel society has shifted from adat inheritance caused by two factors, namely, First, the factor of Islamic law because Tapsel people have understood Islam well and run it in various fields of life including in the distribution of inheritance. Given that there are dozens of Islamic education institutions in Tapsel according to the author has given a pretty good understanding of Islamic law. So in general it can be said, that this change is a consequence of the Islamization process experienced by the Tapsel people. Second, is the factor of higher power or positive law because until now the community still believes that only the Religious Courts as a place to solve the problem of inheritance to obtain legal certainty.The shift to adat inheritance occurs in several patterns. The first pattern is a total change from customary form to division according to faraid, this pattern occurs in areas that are fairly Islamic, namely the Mandailing Natal region, although of course there are some people who divide in a way that is not consistent in carrying out Islamic law. The second pattern is to carry out adat law, namely in communities that are relatively strict with adat, namely in the Padang Lawas and Sipirok regions, in this area many cases seem to have carried out faraid formally but the substance still reflects the spirit of adat law. The third pattern, namely the way of division which is a combination of Islamic law and customary law, which is a fairly moderate community in the Angkola region.Islamic law has contributed by shifting the implementation of customary law to Islamic law. People who according to customary law do not receive inheritance become heirs who receive a certain portion. At first the mother did not count as an heir, then given a part 1/3 or 1/6. Istdri initially did not get any portion of the inheritance then received 1/4 or 1/8. Girls initially only have the status of olong ate, then receive a relatively large portion, which is 1/2 or 2/3.

scholarly journals Classification of Women in The Class Concept of Dowry: A Study of Berger and Luckmann's Social Construction

2021 ◽  
Vol 16 (1) ◽  
pp. 152-182
Author(s):  
Ahmad Arif Masdar Hilmy ◽  
Ria Cahyaning Utami
Keyword(s):  
Social Construction ◽  
Islamic Law ◽  
Field Research ◽  
Religious Texts ◽  
Social Construction Theory ◽  
The People ◽  
The Status ◽  
Qualitative Descriptive

The determination of the dowry in the marriage of the people of Karangsono Village was originally based on the rules of Islamic law, namely by using the principles of convenience, lightness, and simplicity. However, people's lives that are never stagnant make them always interact with each other, thus forming a new concept of dowry determination in the community. The purpose of this article is to determine the description and implementation of the concept of the dowry class in the community marriage of Karangsono Village and to review it using the perspective of the social construction theory. This field research used a qualitative descriptive method and data analysis used Berger and Luckmann's social construction theory. Data were collected through document study, interviews, and observations. This research resulted in conclusions: (1) The concept of the dowry class in the community marriage of Karangsono Village is based on the classification of the prospective bride, which is seen from the status of a virgin or widow, her beauty, and age. The higher the quality of the woman, the higher the dowry she can get, (2) The determination of the dowry in Karangsono Village has undergone a social construction based on three simultaneous processes. The externalization process is illustrated through adaptation to religious texts and life being experienced. The process of objectivation here gives birth to new meanings, which are manifested in the actions of the wider community so that they become objective facts. The process of internalization is illustrated by the affirmation in the consciousness experienced subjectively.(Penentuan mahar dalam perkawinan masyarakat Desa Karangsono mulanya didasarkan pada aturan hukum Islam, yakni dengan menggunakan asas kemudahan, keringanan dan kesederhanaan. Namun kehidupan masyarakat yang tidak pernah stagnan, membuat mereka selalu berinteraksi satu sama lain, Tujuan artikel ini ialah untuk mengetahui deskripsi dan implementasi konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono, serta ditinjau menggunakan perspektif teori konstruksi sosial. Penelitian lapangan ini menggunakan metode deskriptif kualitatif dan analisis datanya menggunakan teori konstruksi sosial Berger dan Luckmann. Pengambilan data dilakukan melalui studi dokumen, wawancara dan observasi. Penelitian ini menghasilkan beberapa kesimpulan: (1) Konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono ialah berdasarkan klasifikasi yang dimiliki calon pengantin perempuan, yakni dilihat dari status perawan atau janda, paras kecantikan dan usianya. Semakin tinggi kualitas yang dimiliki perempuan, maka semakin tinggi pula mahar yang bisa didapatkannya, (2) Penentuan mahar di Desa Karangsono telah mengalami konstruksi sosial berdasarkan tiga proses simultan. Proses eksternalisasi tergambar melalui adaptasi dengan teks-teks keagamaan dan kehidupan yang sedang dialami. Proses objektivasi disini melahirkan pemaknaan baru, yang termanifestasikan ke dalam tindakan-tindakan masyarakat luas sehingga menjadi kenyataan objektif dan biasa dilakukan dalam kehidupan sehari-hari. Proses internalisasi tergambar oleh penegasan dalam kesadaran yang dialami secara subjektif dan pentransferan akan pengetahuan tentang makna-makna objektif)

scholarly journals Return to neptunism: review article

2021 ◽  
Vol 5 (1) ◽  
pp. 1-7
Author(s):  
Yu N Golubchikov
Keyword(s):  
Anthropic Principle ◽  
Religion And Science ◽  
The Past ◽  
The Earth ◽  
Historical Processes ◽  
Natural Landscapes ◽  
Physical Forces ◽  
Physical Laws ◽  
Reliable Isolation ◽  
The Universe

The article tries to revive the traditions of neptunizm. The neptunist Cuvier believed that «the fossil is the key to the past. The past is characterized by a radical break with the present, perhaps it even proceeded according to another physical laws. This is evidenced by the fossils. With the modern action of physical forces, all the deceased remnants decompose. Fossils could have formed during catastrophically rapid burial with reliable isolation from oxygen. The present is the key to the past according to the lawyer Lyell. The past is like the present. It contains an incredible amount of time and years. All processes were going with the same energy as they do now and were not overshadowed by any gigantic disaster. Lyell's statements entered science under the name of the principle of actualism. He gave a paradigmal form not only to the earth sciences, but to all of science, and formed the basis of the evolutionary doctrine. The fundamental dogma of randomness of both natural and all historical processes is the basis of modern scientific ideology. This randomness has no purpose and cannot have. Nevertheless, paradoxically, it predetermines the evolutionary progress of all things. With the appearance of the anthropic principle the teleologism regains its completeness and direction. The anthropic principle is teleological. Since the entire Universe and the biosphere are attuned to human nature, the more such attunement can be expected from earthly nature. There are opportunities for harmonizing human with natural landscapes for health-improving purposes. Nothing was known about the subtlest adjustment of the Universe for humans, or about the incredible complexity of the biosphere even 50-70 years ago. The universe could be explained by evolution and actualism. The discovered incredible complexity of the world brings religion and science closer together. A catastrophic and probably anti-random picture of the planet's history is emerging more and more clear. In this light, the power of science is seen again not in confrontation with religion, but in harmonization with it.

scholarly journals Life-Saving Techniques in Nepalese Culture against Pandemic

2020 ◽  
Vol 4 (1) ◽  
pp. 1-6
Author(s):  
Som Prasad Khatiwada
Keyword(s):  
Natural Disasters ◽  
Social Rules ◽  
Cultural Behavior ◽  
The Past ◽  
The Earth ◽  
The People ◽  
Life Saving

Our ancestors were suffered from different kinds of the pandemic in the past. Like big natural disasters, big pandemic originated in each century killed millions of people on the earth. Our forefathers were familiar with such pandemics. Therefore, they developed the techniques of saving the lives of people inside the culture. Such techniques are popular as social rules, which were necessary to follow by the people of the society. For example, management of separate house for the kitchen and separate guest rooms is more scientific to control such pandemic. In the same way habits of cleaning hands, legs, and face after traveling outside the home relates to health as well as cultural behavior. The system of keeping a distance from other people is also culturally taught. Respecting people with joining hands or doing Namaste instead of shaking hands is our culture, which is very popular in the present pandemic period. Our forefathers developed such techniques and saved the lives of many people in the big pandemics period. Therefore, we need to explore such cultural habits and rules and follow them for the sake of saving lives in the present pandemic period.

scholarly journals Reformasi zakat pertanian (Studi di dusun Jeblok desa Brudu kecamatan Sumobito kabupaten Jombang)

2019 ◽  
Vol 19 (2) ◽  
pp. 185-203
Author(s):  
Ilham Thohari ◽  
Moh. Makmun
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Rice Fields ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Interesting Phenomenon ◽  
Application Of Law ◽  
Agriculture Land ◽  
The People ◽  
The Cost

This research was motivated by the reveal of the phenomenon in Jeblok, Brudu Village, Sumobito District, Jombang Regency. In this village, the people object to the level of agricultural zakah that has to pay regarding the high costs of cultivating rice fields. It is interesting phenomenon whereas this village has a wide agriculture land for about 47, 48 acres. This was field research by using descriptive-analytic methods. This type of research was qualitative by applying a comparative approach between the case approach and the conceptual approach and the Maqashid Shari'ah approach. The results showed that the potential of agricultural zakat in Jeblok, Brudu Village, Sumobito District, Jombang Regency is very large. However, farmers argue about levels of agricultural zakah that must be paid. They feel that 5% and 10% are too burdensome because of the high cost of processing rice fields. Therefore, the people demand equal tariff between agriculture zakah level and trade zakah because both require capital to manage. In this case Islamic law is sociological-anthropocentric which is very concerned with aspects of the application of law within the scope of society. In general, the nature of Islamic law is elastic and not rigid, so that tariffs or levels of agricultural zakat which are very expensive (5% or 10%) can be changed to be more affordable for the community. Therefore, through the maqashid shari'ah approach, the level of agriculture zakah can be set into 2.5% following the level of zakah trade after deducting the cost of cultivating rice fields.

scholarly journals Sosialisasi Dan Penyuluhan Hukum Tentang Hibah, Wasiat, Wakaf, Dan Waris Di Wilayah Kecamatan Cinere Kota Depok

2020 ◽  
Vol 3 (1) ◽  
pp. 1-10
Author(s):  
Ahmad Baihaki ◽  
Yulianto Syahyu ◽  
Adi Nur Rohman ◽  
Harinanto Sugiono
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
Scientific Journals ◽  
The Past ◽  
Legal Problems ◽  
The People ◽  
The Will ◽  
Additional Reference ◽  
The University ◽  
Case Data

Grants, wills, endowments, and inheritance are legal instruments that are often used by someone to transfer their assets or wealth to others. But in practice, these four things become legal issues in society, especially for Muslim residents. Legal settlement of. This case was settled by the Religious Court. Based on case data that entered the Depok City Religious Court for the past five years until 2019, there were 24 grant cases approved, 20 wills, 8 endorsed cases, and 48 s allocation for inheritance. Some of the things behind this case and the most crucial is due to the ignorance of the community against the provisions of Indonesian law regarding grants, wills, endowments, and inheritance. On that basis, a Lecturer in the Faculty of Law of the University of Bhayangkara, Greater Jakarta, conducted socialization and legal counseling on grants, wills, endowments, and inheritance on Compilation of Islamic Law for the people in the Cinere District area. The will, endowments, and inheritance in the Compilation of Islamic Law is still very minimal. After the socialization and discussion of the law, the community's knowledge and awareness will require the implementation and legalization of grants, wills, endowments, and inheritance to improve legal problems up to the increasingly increasing religious court. The output resulting from this activity is planned to be made a waqf pocketbook as an additional reference about the legal grants, wills, endowments, and inheritance according to the Compilation of Islamic Law. Besides, the results of the activities are published in the form of implementation reports and published in scientific journals to provide comprehensive and academic-wide benefits and practical levels.

Sign in / Sign up

Export Citation Format

Share Document