scholarly journals Positive Transformation of Islamic Law in Local Wisdom in the Sultan of Tidore

2021 ◽  
Vol 19 (2) ◽  
pp. 149
Author(s):  
Harun Ginoni ◽  
Fauzan Hanafi ◽  
Nur Azizah Rahman
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Religious Leaders ◽  
Positive Law ◽  
A Value ◽  
The People ◽  
Accurate Picture ◽  
Younger Generation ◽  
The Republic ◽  
Research Type

Tidore is one of the Islamic Sultanates in the archipelago which applies Islamic Law positively from 1495 until the joining of Tidore into the lap of the Republic of Indonesia. Islamic law in the Tidore Sultanate is no longer applied as positive law but has become a value that lives with the customs of the people of the Tidore Sultanate. This research focuses on examining the transformation of the Islamic law that once prevailed in the Tidore sultanate into values, principles, and philosophies that live in the Tidore community. This research was built with a qualitative research type with a socio-historical approach involving traditional and religious leaders as resource persons and a study of the existing "Kie Se Kolano" regulatory text so that it is expected to produce an accurate picture of the object under study. This research is expected to provide conceptual ideas in building awareness that Islamic law has actually become the volkgeist (soul of the Nation) for the Indonesian people, especially for the Tidore community, especially the younger generation who are currently being bombarded with various information that may be able to keep the younger generation away from the soul. His Nation.

scholarly journals KOMERSIALISASI NIKAH SIRI DI DESA PEKOREN KECAMATAN REMBANG PASURUAN JAWA TIMUR

AL-HUKAMA ◽  
2018 ◽  
Vol 8 (1) ◽  
pp. 169-193
Author(s):  
Salman Alfarisi
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Religious Leaders ◽  
Operational Cost ◽  
Qualitative Research Method ◽  
Positive Law ◽  
Doing Business ◽  
Operational Costs ◽  
Legal Marriage

This article is a study of the commercialization practice of secret marriage in Pekoren Village, Rembang Subdistrict, Pasuruan Regency, East Java Province. Secret marriage is carried out by the community using a broker service. In carrying out its duties, the broker asks for payment in the form of dowry money for operational costs and paying for the services of the Kyai who marry off. This case was analyzed using the eyes of Islamic law and juridical law. While the method used is a descriptive qualitative research method by collecting data through reading or reviewing the expressions and behaviors observed from the speakers in the field. From the field it is described, that the commercialization of secret marriage in Pekoren Village is a fixation of the price of dowry as an operational cost that uses the services of kyai and brokers to find the type of women wanted by interested person. In Islamic law, secret marriage is a legal marriage with the fulfillment of requirements and pillars of marriage. Brokers in this case can be categorized as buying and selling because of doing business, but it is still not suggested in Islam. In Positive Law, unregistered marriage is not valid because one element is not fulfilled, namely marriage recording. In line with these conclusions, the holders of the marriage registration policy must emphasize the regulation of marriage registration. For religious leaders, should not facilitate the  secret marriage ceremonies which are patterned as pleasure.

scholarly journals Pesantren Tegalsari: Islamic Synergy with Local Wisdom in Cultural Acculturation

2019 ◽  
Vol 19 (1) ◽  
pp. 29-52
Author(s):  
Saifuddin Alif Nurdianto ◽  
Hermanu Joebagio ◽  
Djono Djono
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Local People ◽  
Religious Leaders ◽  
Distinctive Pattern ◽  
The Past ◽  
The People ◽  
Historical Dynamics ◽  
Anthropological Approach

Abstrak: The spread of Islam in Java has a distinctive pattern, it occurs through acculturation between doctrines of Islam and local wisdom. The acculturation pattern between Islam and Javanese local wisdom has a dialogical form, or occurs by two-way communication between those who want the existence of Javanese culture with the ones who want the implementation of Islamic law. The result is the appearance of a new culture which local people accept and the preachers of Islam can convey the doctrines of Islam as well. This pattern of acculturation also occurred in Pesantren Tegalsari as the oldest pesantren in Java. The theme of Pesantren Tegalsari, especially in the field of cultural acculturation, is interesting to study because many people still do not know about the historical dynamics of this pesantren. Now, Pesantren Tegalsari was better known for the magical stories of The Kiai (religious leaders) of pesantren than pesantren activities in the past. So the study about Pesantren Tegalsari is important to fill empty spaces in local historiography in Indonesia. This paper is the result of qualitative research using an anthropological approach. The results show that acculturation in Pesantren Tegalsari is in three fields: architecture, language, and tradition. The three forms of acculturation were used by The Kiai of Pesantren Tegalsari to spread Islamic teachings so that they could be easily accepted by the people who were still strong with the old beliefs (Hindu-Buddha).الملخص: انتشار الإسلام في جاوى له نمط مختلف، الذي حدث من خلال التثاقف بين العقيدة الإسلامية والحكمة المحلية. النمط التثاقف بين الإسلام والحكمة المحلية الجاوية له شكل حواري، أو حدث من خلال اتصال ثنائي الاتجاه بين أولئك الذين يريدون وجود ثقافة جاوى وأولئك الذين يريدون تطبيق الشريعة الإسلامية. والحاصل ظهور ثقافات جديدة يمكن قبولها من قبل المجتمع المحلي دون إزالة المادة من تعاليم الإسلام. حدث هذا النمط من التثاقف في معهد تيكلساري بصفته أقدم معهد في جاوا الواقعة في بونوروغو. إن موضوع معهد تيكلساري ، خاصة في مجال الثقافات الثقافية ، أمر مثير للدراسة لأن الكثير من المجتمع ما زالوا لا يعرفون عن الديناميات التاريخية لهذا المعهد. خلال هذا الوقت ، كانت معهد تيكلساري مشهور بالقصص السحرية من قادة المعهد. لذا فإن الدراسة عن هذا المعهد مهمة لملء المساحات الفارغة في التاريخ المحلي في إندونيسيا. تستخدم هذه الدراسة طريقة نوعية مع نهج الأنثروبولوجية. أظهرت النتائج أن التثاقف في معهد تيكلساري في ثلاثة مجالات: الهندسة المعمارية واللغة والتقاليد. تم استخدام أشكال التثاقف الثلاثة من قبل قادة المعهد تيكلساري لنشر التعاليم الإسلامية حتى يمكن قبولها بسهولة من قبل المجتمع الذين لم يزالوا قوياً مع المعتقدات القديمة (بوذا-الهندوسي)Abstrak: Penyebaran Islam di Jawa memiliki pola yang khas, yaitu terjadi melalui akulturasi antara ajaran Islam dengan kearifan lokal. Pola akulturasi antara Islam dan kearifan lokal Jawa memiliki bentuk dialogis, atau terjadi melalui komunikasi dua arah antara mereka yang menginginkan eksistensi budaya Jawa dengan orang-orang yang menginginkan penerapan hukum Islam secara kaffah. Hasilnya adalah munculnya budaya baru yang diterima masyarakat setempat tanpa menghilangkan substansi dari ajaran agama Islam. Pola akulturasi ini juga terjadi di Pesantren Tegalsari sebagai pesantren tertua di Jawa yang terletak di Ponorogo. Tema tentang Pesantren Tegalsari, khususnya dalam bidang akulturasi budaya, menarik untuk dikaji karena banyak masyarakat yang masih belum mengetahui tentang dinamika historis dari pesantren ini. Selama ini Pesantren Tegalsari lebih dikenal karena kisah-kisah magis dari para kiai pimpinan pesantren daripada aktivitas pesantren di masa lalu. Maka tulisan tentang Pesantren Tegalsari menjadi penting untuk mengisi ruang-ruang kosong dalam historiografi lokal di Indonesia. Penelitian ini menggunakan metode kualitatif dengan pendekatan antropologis. Hasilnya menunjukkan bahwa akulturasi di Pesantren Tegalsari terjadi dalam tiga bidang: arsitektur, bahasa, dan tradisi. Ketiga bentuk akulturasi digunakan oleh para kiai pimpinan Pesantren Tegalsari untuk menyebarkan ajaran Islam agar dapat diterima dengan mudah oleh masyarakat sekitar yang masih kuat dengan kepercayaan lama (Hindu-Buddha)

scholarly journals The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law

2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita
Keyword(s):  
Islamic Law ◽  
Economic Justice ◽  
Community Members ◽  
Economic Class ◽  
The People ◽  
The Holy Quran ◽  
The Republic ◽  
Economic Balance ◽  
Islamic Economic ◽  
The Right

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.

scholarly journals HAK ATAS TANAH ADAT DAN PERMASALAHANNYA

GANEC SWARA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 120
Author(s):  
WAYAN RESMINI
Keyword(s):  
Human Life ◽  
Customary Law ◽  
Religious Leaders ◽  
Educational Approach ◽  
Economic Rights ◽  
Positive Law ◽  
The People ◽  
Land Disputes ◽  
Objective Understanding ◽  
Customary Land

Land for human life contains a multidimensional meaning, both in terms of social, economic, political and sacred aspects. Because it has a multidimensional meaning, unquestionably every person who owns land will defend his land in any way if his rights are violated.     Land disputes are not a new thing happening in the community. But the dimension of disputes is increasingly widespread in the present, including customary land in its development also has a new value, besides as a means of production, also as a means to speculate (economy) that land has become a commodity where economic transactions take place with expectations of margin (financial) trade in exchanged commodities.     Issues of customary land with a formal juridical approach will not achieve effective results. Law not merely customary is expected to overcome land problems that are so complex and too related to the application of existing laws and regulations. This is needed support with various efforts to ensure the fulfillment of the economic rights of the people, so that at least similar demands can be minimized in the future. In addition, a synergy of positive law in the land sector is needed with customary law in the community, namely (1) an objective understanding of State land, communal land and land rights is needed in the context of customary law and positive law. (2) The approach taken is a persuasive-educational approach and not imposing unilateral will. (3) the need for a cultural religious approach, which can be implemented through three (3) leadership elements, namely traditional leaders, religious leaders, and formal leaders who truly understand traditional law and positive law (UUPA and implementing regulations)

scholarly journals Pengaturan Memperoleh Kembali Status Warga Negara Indonesia Bagi ISIS Eks WNI Ditinjau Dari Peraturan Pemerintah Nomor 2 Tahun 2007 dan Konsep Maslahah Mursalah

2020 ◽  
Vol 7 (1) ◽  
pp. 58-68
Author(s):  
Saiful Bari
Keyword(s):  
Islamic Law ◽  
Citizenship Status ◽  
Material Data ◽  
Unitary State ◽  
Article 9 ◽  
The People ◽  
The Status ◽  
The Republic ◽  
Main Material

This research is motivated by the loss of Indonesian citizenship status experienced by Indonesian citizens who are members of ISIS combatants. This is in line with of Article 23 letter e in Law No. 12 of 2006. The purpose of this study is to analyze the arrangements to regain the status of Indonesian citizens. This type of research is normative law. This study uses a law approach and the concept of the problem maslahah. The main material data of this study are from perimer legal material and secondary legal material. The results of this study conclude that first, in the perspective of the Citizenship Law and its implementing regulations, ex-ISIS former citizens are not eligible to regain Indonesian citizenship status as regulated by Article 9 of Law No. 12 of 2006 and Article 2 to Article 12 of PP No. 2 of 2007. Second, in the perspective of the problem maslahah, the Citizenship Act and its implementing regulations do not conflict with the sources and the propositions of Islamic law. Therefore, maintaining the sovereignty of the Unitary State of the Republic of Indonesia and the interests of the people by not giving them RI citizenship status is a beneficial act.

scholarly journals The Value of Local Wisdom in the Contextualization of Budgeting in Aceh

2019 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Delfi Suganda ◽  
Teguh Murtazam
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
State Regulations ◽  
A Value ◽  
Aceh Province ◽  
Special Area ◽  
Broad Framework ◽  
The Government ◽  
Local Value

Aceh Province is a special area. Acts No. 11 of 2006 concerning theGovernment of Aceh provides freedom in terms of managing the government,especially regarding the implementation of Islamic law in Aceh. Islamic Shari’a isnot only understood as a rule that regulates education, but also about regulation ingovernment management in Aceh. One part of the government is about compilingregional spending in Aceh. This research is focused on budgeting which will becontextualized with Acehnese values, namely the local value of implementingIslamic law in Aceh. Priority indicators for a budget arrangement so that theyfulfill the requirements as ideal budgets according to Islam (Islamic budget ideal).In terms of substance, this research is classified into qualitative research, whichfocuses on the depth and sharpness of the study. So if more quantitative researchis on a broad, broad framework, the qualitative study is digging, swooping, anddeep. Islamic budgeting is a value that in this context wants to be included in thebudget in South Aceh. Based on the results of the study it was found that in terms ofthe determination of post-expenditure it is possible to include the values of IslamicShari’a. In this case the post expenditure is based on maqasid as-Syari’iyah. Interms of revenue, only zakat, shadaqah, and infaq are possible to be contextualized.As for ‘usyr, rikaz, etc., it is not possible because regional revenues from the fiscalside are regulated so rigid in state regulations  

scholarly journals SANKSI HUKUM TERHADAP PELAKU TALAK DI LUAR PENGADILAN AGAMA

2018 ◽  
Vol 3 (1) ◽  
pp. 58-88
Author(s):  
Muhammad Yalis Shokhib
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Correct Choice ◽  
Deterrent Effect ◽  
Trial Court ◽  
Positive Law ◽  
Legal Sanctions ◽  
The Government ◽  
Two Sides ◽  
Research Type

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>

scholarly journals “Under The Hand” Divorce Islamic Law Study of the Implementation of Divorce

2016 ◽  
Vol 4 (1) ◽  
pp. 22
Author(s):  
Oom Mukarromah ◽  
Entus Syamsurrizal
Keyword(s):  
Death Certificate ◽  
Islamic Law ◽  
Trial Court ◽  
Government Regulations ◽  
Divorce Law ◽  
Marriage And Divorce ◽  
Positive Law ◽  
Social Fact ◽  
The People ◽  
The One

Islamic Law regulates marriage and divorce sufficiently; Islamic jurists argue that if someone sentences the word talak and its kind to his wife then the talak is considered as valid. Meanwhile, positive law states that “Talak is a declaration of a husband performed in front of court session in Religious Court which becomes one of the reasons of divorce”. The fact shows that the people of Carenang, Serang, tend to refer on the Islamic law of divorce, not the one declared before the trial court. This matter engenders the illegal aspect of law, such as issuing a false death certificate to the former spouse. In order to elucidate the problem, the author proposes two main questions: (1) How is the concept of “under the hand” divorce based on fiqih and positive law?; (2) How is the Islamic Law review on the Article 39 Point 1 Law No. 1 of 1974 about Marriage and Article 34 of Government Regulations No. 9 of 1975? This study is conducted in normative jurisdiction and sociological jurisdiction which is comparatively descriptive analytic. This study is also conducted through mashlahah mursalah approach and Bentham utility principle. The results of the study show that; first, “under the hand” divorce performed by Carenang’s people is considered valid through the eye of Islamic Law, while it is invalid based on Positive Law due to the absence of the pledge before the trial court. Second, the behavior of “under the hand” divorce in Carenang has become a social fact and is included in Al-Maslahah al-Daruriyah category. The enactment of divorce law regulated by Article 39 Point 1 Law No. 1 of 1974 about Marriage and Article 34 of Government Regulations No. 9 of 1975 is covered in the Al-Maslahah al-Hajiyah category.

scholarly journals Tinjauan Hukum Islam Terhadap Pernikahan Beda Kasta (Studi Kasus Desa Ngafan Kabupaten Maluku Tenggara)

2021 ◽  
Vol 2 (1) ◽  
pp. 148-159
Author(s):  
Ronny Mahmuddin ◽  
Saifullah bin Anshor ◽  
Hamdan Ngaja
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Male Partner ◽  
Field Research ◽  
Research Field ◽  
Religious Leaders ◽  
Special Interests ◽  
Legal Requirements ◽  
Depth Interviews

This study aims to determine the prohibition of inter-caste marriage in Ngafan Village, Southeast Maluku, and Islamic legal views on caste marriage in the customs of the Kei tribe, especially in Ngafan Village, Southeast Maluku Regency. This research is descriptive qualitative research with the type of field research (Field Research). The data collection techniques used were in-depth interviews and documentation. The results showed that: 1) The prohibition of inter-caste marriage (not equal) carried out by some people in Ngafan Village is the prohibition of marriage between women from the Mel-Mel caste (highest caste) and men from Riy-Riy (lowest caste). If there is a marriage between these castes, it depends on their family, if they agree then the marriage is still safe, but if they refuse the marriage can be canceled. 2) In Islamic law the scholars differ on the issue of caste (equality) in marriage. Jumhur ulama said that the caste referred to in marriage is religion, independence, social strata and, descent. Imam Malik said that the caste in question was the religion and was free from diseases that were deemed incurable. Meanwhile, the al-Ẓahiriyyah mazhab said that only Muslims were the conditions for marriage. The scholars do not require that caste be part of the legal requirements of marriage, but caste is included in the category of luzu> m requirements, a condition that allows a female guardian to request an annulment of marriage if the male partner is not in the same caste. So the prohibition of marriage is not equal in Ngafan Village can be justified based on the opinion of some scholars. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.

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