scholarly journals Reposisi Qanun Desa Berbasis Kearifan Lokal Dalam Upaya Penegakan Syariat Islam di Tingkat Gampong/Desa

2019 ◽  
Vol 6 (1) ◽  
pp. 1-16
Author(s):  
Muhammad Rusdi Bin Muhammaddiah Muhammad Ihsan

This research is an attempt to understand and explain the repositioning of qanun based local wisdom in the effort of enforcing Islamic law at the village. In the context of Acehnese society (after the implementation of Islamic Sharia rules), at the village has not accommodated the implementation of Islamic law such as the establishment of village qanun in the areas of worship, syiar and adat gampong. Qanun gampong should be an extension of Acehnese qanun atprovincial, district/city level based on local wisdom of community/gampong community. Therefore, this study is an effort to re-functioning local qanun based on local wisdom which is not contradictory to higher qanun province, regency/municipality qanun where village qanun will be able to balance the implementation of Islamic law between qanun syariat Islam in Aceh with village qanun. Interest to review this concept, especially as an effort to raise the spirit of Islam at the village level. On the other hand, it is also interesting to see how the track record of the implementation of Islamic Shari'a in the gampong level. This research is descriptive, with approach of Shari'ah discipline and cultural anthropology. Techniques of collecting data through Library Research (literature review), and Indepth interviews with informants are capable with this study. The results of this study indicate that the village apparatus is still hesitant in forming the Islamic Shari'ah qanun because it is absent at the district level, so one of the efforts to restore the village qanun position which previously had not existed was to integrate the value of local wisdom in qanun, in addition to not be separated from the Islam law    

2019 ◽  
Vol 1 (1) ◽  
pp. 30-40
Author(s):  
Ainun Barakah ◽  
Pipin Suitra

Abstract Bawean is an archipelago administratively included in Gresik Regency, where the main occupation of the people is farming and fishing, but not all of the people have land to farm and ships to go to sea, and not a few who work in Malaysia and Singapore have even become citizens of that country. so that the land and rice fields below are unproductive, so there is cooperation between landowners and tenants or cultivators, in agricultural practices, landowners and processors or workers often make contracts and agreements in such cooperation, as well as in the village of Lebak, the agreement sees to the weather, or irrigation used to irrigate rice fields, and the yields obtained during the rainy season in certain months are different, there are at least three cooperation systems in the muzara'ah contract implemented there, in this study the three systems were analyzed to determine which in accordance with Islamic law , of the three, there are two agreements that use the muzara’ah contract, and the other one uses the ijarah agreement or lease agreement. This research uses the library research method with a qualitative inductive approach. Keywords: muzara’ah, Islamic Law, Gresik


Author(s):  
Mukti Sumarsono

The research in this thesis was motivated by the implementation of intervention programs for the poor where the aim of implementing this program was to improve the welfare of the poor, as well as to reduce poverty. The formulation of the problem in the writing of this thesis is (1) How is the effectiveness of the intervention program assistance carried out by the government to reduce the number of poor people. (2). What factors are supporting or inhibiting the implementation of intervention program assistance for the poor. The research method, this study uses a qualitative approach with the type of descriptive research. The dissemination activities turned out that not all villages carried out these activities for various reasons such as fear of protests from their citizens. There are also those who do unofficially when there are activities in the environment. Actually, the implementation of this socialization has already been carried out with implementation instructions which are carried out in stages from the district level and continued to the sub-district level and continued to the village level. At this time at the village level, problems often occur.


PERADA ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 79-87
Author(s):  
Dian Rahmawati

Usaha penyalinan mushaf al-Quran di Indonesia salah satunya dilakukan oleh  ulama-ulama yang berada di tanah Melayu Kepulauan Riau. Ini dibuktikan dengan ditemukannya manuskrip-manuskrip al-Quran yang ditemukan di Pulau Penyengat dan di Pulau Lingga. Namun, sayangmya keberadaan manuskrip al-Quran di Pulau Penyengat saat ini mulai rusak termakan usia. Hal ini tentu akan menjadi kerugian besar sebagai aset sejarah yang berharga. Oleh karena itu  kajian tentang  manuskrip al-Quran di Kepulauan Riau, khususnya Pulau Penyengat dapat menjadi salah satu upaya pelestarian yang menjadi pilihan. Sehingga informasi mengenai keberadaan manuskrip-manuskrip al-Quran di Pulau Penyengat tidak hanya menjadi cerita saja. Penelitian ini menggunakan penelitian kepustakaan(library research/literature review). Peneliti juga akan menggunakan observasi, wawancara dan dokumentasi. Adapun Manuskrip al-Quran yang terdapat di Pulau Penyengat yang berhasil diketahui berjumlah cukup banyak  yakni 7(tujuh) manuskrip al-Quran dan merupakan mushaf yang disusun sebagai  hasil tulisan tangan. Kertas yang digunakan sebagai tempat menuliskan ayat-ayat suci al-Quran ini pada umumnya menggunakan kertas Eropa yang diperkirakan berasal dari abad Pertengahan. Gaya Sulawesi Selatan dapat ditemukan dalam gaya penulisan hurufnya, sedangkan Gaya Pantai Timur terlihat jelas dari gaya iluminasi floral yang terkesan mewah,indah, teliti dan bersepuh emas. Masing-masing manuskrip al-Quran Pulau Penyengat memiliki keunikannya masing-masing. Namun, manuskrip-manuskrip ini sebagai khazanah mushaf al-Quran di Kepulauan Riau memiliki gaya dan ciri khas iluminasi yang disebut  ‘Gaya Sulawesi Selatan” dan Gaya Pantai Timur”


2021 ◽  
Vol 4 (2) ◽  
pp. 205-2020
Author(s):  
Fathonah K. Daud ◽  
Aden Rosadi

This article examines the dynamics of family law in the Islamic Republic of Iran where there are upheavals and struggles between the secular elites and ulama from 1927 to the present day. This study applied a library research by digging up information related to the theme of the study. The results of this study indicate that the Islamic Republic of Iran is dominantly Shia Imamiyyah (Jafari) but it also accommodates the Hanafi (Sunni) School in the field of marriage law. Iranian family law has gone through many changes. Since 1928 the issue of divorce and marriage which was originally regulated in Irans Qanun Madani came into force in 1930, the Marriage Law was then enacted in 1931. After three decades, in 1967 there was a reformation, the Marriage Law was replaced by the Family Protection act, then it was replaced with the Protection of Family in 1975. These laws are a combination of Islamic Law and French civil Jurisprudence, though they seem more secular. However, since the Iranian Revolution in 1979, these laws have been abolished and all laws in Iran have been returned to sharia law. As a result, the laws become repressive against women, except in the field of inheritance which provides gender equality. While there have been many highly educated women in Iran, since 2006 many women have filed for divorce. On the other hand, the practice of mutah marriage has begun to be abandoned and polygamy is opposed by the community.


Author(s):  
Abdul Alim ◽  
Edi Rosman

<p><em>Marriage is a facility that Allah arranges in such a way that human biological needs are channeled and fulfilled respectfully and well. To carry out a marriage, the role of the guardian of marriage is very important because in his hand a marriage becomes legitimate, in addition to fulfilling the other pillars, including witnesses and dowry. If these pillars are not fulfilled and ignored, the marriages that are carried out are not recognized by the syarak. The decision of the Talu Religious Court by ordering a marriage without a legal guardian according to the rules of Islamic law and legislation in Indonesia certainly seems to have ignored the provisions of the fiqh and the positive law that applies in Indonesia. This is because there are no rules in fiqh and also positive laws that allow a priest to be allowed to marry someone who has no relationship with him. The appointment of the village priest as the guardian of the judge in a marriage is not based on reasons that can be justified by syarak, because in the subsection of the judge's guardian in the constellation of Islamic law and the positive law applicable in Indonesia is the government or the person authorized by the government to be the judge's guardian. In the marriage certificate request that has been granted by the panel of judges, the Religious Religious Court Number: 502 / Pdt.G / 2011 / PA has ignored important aspects in a legal product because of lack of attention to aspects of Islamic law (fiqh) that never provide opportunities to people who are not have a relationship with a woman nasab.</em></p>


PERSPEKTIF ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 498-504
Author(s):  
Syahril Syahril ◽  
Rasyid Thaha ◽  
A.M. Rusli

This paper aims to examine the bureaucratic pathology of waste management in Sinjai Regency as well as the government's efforts to deal with the pathology that occurs. The type of research used in this research is qualitative which will provide a factual picture of the research objectives. The results showed: the form of pathology found, namely Disfunctions of bureaucracy and Mal-Administration of the government structurally must implement waste management policies, namely the facilities and infrastructure must comply with regulations and the performance of officers who should run according to their duties and functions Efforts that must be made by the government, namely guidance and supervision of the regulations that have been set and contained in the regional regulations of Sinjain Regency number 10 of 2017 must be maximized. The efforts made by the Sinjai Regency government in overcoming the form of bureaucratic pathology faced in the implementation of hygiene policies, namely the lack of guidance, such as education on awareness of cleanliness to the public and supervision of people who are still littering in any place carried out at every level of government starting from the Regency level, the District level to the village level.


2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Muhammad Ikhsan ◽  
Azwar Iskandar

This study aims to analyze: imam Mālik's position in the Islamic jurisprudence map; the concept of maslahat in the perspective of Imam Mālik; and the influence of Imam Mālik's maslahat view in the Islamic world. This research is qualitative descriptive research, using library research and analyzed with historical and sociological approaches. The results of the study found that: first, Imam Mālik bin Anas was one of the imams of the four sects (mazhab) who exerted great influence in Muslims with his ability as a mujtahid and had an independent methodology in conducting the ijtihad; second, one of the most important foundations of Imam Mālik's ijtihad is maslahat. In this case, he actually had similarities with the other ultimate scholars of the four sects. Māliki sect, namely that maslahat -especially maslahat mursalah- is a stand-alone proposition; third, Imam Mālik's assertiveness in positioning maslahat as one of the independent evidences in his ijtihad methodology has stimulated the fiqh researchers to study further explore this so that imam Mālik's fiqh sect can survive to this day and successfully produce phenomenal scientific works that affirm the existence of maslahat as one of the footholds of Islamic law.


2020 ◽  
Vol 8 (2) ◽  
pp. 238-259
Author(s):  
Moh. Dliya'ul Chaq

Paragraph 1, article 6 KHI and fiqih madzhab hanafiyyah both state the mandatory approval of the prospective bride. The similarity between the two raises the proposition that the article on women's consent in the KHI is relevant to the hanafiyyah school of thought. But in reality, the logical formulation sequence of the hanafiyyah version of the agreement law is built on the basic understanding that women have rights rather than their guardians so that guardians have no rights in marriage, seemingly incompatible with the Islamic Law Compilation. This encourages the importance of the hadith study on women's consent. Through a literature review (library research) with a comparative analytical descriptive model, it is concluded; First, the hadith for women's consent is understood by hanafiyyah that women are more entitled than their guardians to the agreement, contract and other things. In other languages, guardians do not have rights over their daughters so that guardians are not a condition or harmonious in marriage. Second, there is no relevance between KHI and fiqih madzhab hanafiyyah, because in the legal construction between the two is different, where women's approval of their marriage in the hanafiyyah school is based on the basic stipulation that the guardian does not have the authority to approve or marry so that the guardian is not needed in marriage, while KHI states that women only have the authority to approve their marriage while still giving marriage authority to the guardian of marriage.


2021 ◽  
Vol 1 (1) ◽  
pp. 90-104
Author(s):  
Yusriana Nur ◽  
Ahmad Sarwadi

Land reform is an activity to provide a sense of justice in the control, ownership, use and utilization of land in the context of the welfare of the people who work in agriculture, but in fact the goals to be achieved are not realized because before the success of the land redistribution object has been transferred to other parties, it is necessary to knowing and solving efforts so that premature transfers can be avoided, while the method used in this writing is descriptive normative, meaning to see social problems that occur in the community related to transfers for further analysis based on the results of existing research and regulatory provisions through literature study. The results show that institutionally the implementation of land reform is better than at present, because the implementing organization reaches the village level, in contrast to now only at the district level, including the prevention of the transfer of the object of redistribution, which is regulated in detail so that it is difficult to transfer rights to the land of the object of redistribution. On the other hand, the existence of cooperatives is needed as a form of prevention of diversion.


2013 ◽  
Vol 54 ◽  
Author(s):  
Jolanta Miliauskaitė ◽  
Albertas Čaplinskas

The aim of the paper is twofold. On the one hand, it reflects the experience gained supervising master and doctoral theses/dissertations in various Lithuania universities and highlights some common challenges and concerns. On the other hand, it acknowledges with some advanced library research methods and that facilitate writing of postgraduate literature reviews.


Sign in / Sign up

Export Citation Format

Share Document