scholarly journals Pergaulan dalam Pertunangan dan Khalwat fi Ma’na al-Haml: Studi Budaya Pertunangan di Daerah Madura

2019 ◽  
Vol 6 (1) ◽  
pp. 35-55
Author(s):  
Abdur Rakib
Keyword(s):  
Social Movements ◽  
Empirical Data ◽  
Islamic Law ◽  
Family System ◽  
Field Research ◽  
Research Field ◽  
Qualitative Approach ◽  
Statistical Procedures ◽  
Library Research ◽  
Culture History

This research basically is to find the position of ‘urf as one of the theories that can provide legal changes in an authoritative-inclusive way to fiqh in the word khalwat in the definitive aspects of syar'iyyah in relation to culture of riding with fiancees in the Madura area. As an external consideration in cultural studies, ‘urf is one of the continuous theories with the discussion of adat to determine law in an authoritative-inclusive manner. In this study using a type of field research (field research) because it involves empirical data that views law as a set of behaviors, actions, and reality. In addition, also library research (library research) to obtain data about a norm while reviewing theories with a qualitative approach because it cannot be obtained by mathematical or numerical statistical procedures, so that it can contain about people's lives (culture), history, ethics, social movements , or family system. From the process of analyzing the meaning of khalwat using the theory of ma'na al-haml with the consideration of 'urf in which there are several elements of maslahat, this study concludes that' urf can change the position of Islamic law by combining consideration of several conditions through the process of changing meaning used in redefining the word khalwat. So as to enable culture to be engaged during the engagement period as happened in the Sumenep and Madura communities in general as a consideration of ‘valid urf. Keywords: Relationship in Engagement, ‘Urf, and Madura.

APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN

ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Islamic Banking ◽  
Library Research ◽  
Human Labor ◽  
Leasing Company

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor

scholarly journals Tradisi Ziarah Kubur Pasca Pernikahan (Studi Kasus Kelurahan Manisa, Kecamatan Baranti, Kabupaten Sidrap, Sulawesi Selatan)

2020 ◽  
Vol 1 (3) ◽  
pp. 272-293
Author(s):  
Syandri ◽  
Iskandar ◽  
Sulaiman Kadir
Keyword(s):  
Field Study ◽  
Islamic Law ◽  
Field Research ◽  
Qualitative Approach ◽  
Urban Village ◽  
South Sulawesi ◽  
Library Research ◽  
The People ◽  
Special Time

This study aimed to identify the process and purpose of the grave pilgrimage tradition after marriage in Manisa village, Baranti subdisctrict, Sidrap district, South Sulawesi, and also to examine the law of the custom in the view of Islamic law. This research employed a qualitative approach with the field study method (Field Research) and library research. The study shows that: 1. People ini Manisa village after celebrating their wedding they make grave pilgrimage in forms of such as: Determining a certain time according to the agreement of the bride and groom, preparing the necessary preparations such as water, kettles, and pandanus leaves, making ablution before going to the graveyard, praying before entering the cemetery, watering the grave with water mixed with pandanus leaves, holding the gravestone, praying for the late by reciting certain chapters finalized by surah Al-Fatihah. 2. Grave pilgrimage is one of the prescribed acts of worship but it should be in accordance with the guidance of the Prophet. As for what is found in the people of Manisa Urban Village, there are still a number of differences between what they do and what had been exemplified by the Messenger of Allah such as the determination of a special time for the grave pilgrimage, watering the grave, and seeking for blessing from the graves visited.

scholarly journals PERANAN CAHAYA PEREMPUAN WOMEN’S CRISIS CENTRE (WCC) BENGKULU DALAM MENANGANI KASUS KDRT PERSPEKTIF HUKUM ISLAM DAN UU NO. 23 TAHUN 2004 TENTANG PENGHAPUSAN KDRT

Nuansa ◽  
2018 ◽  
Vol 11 (2) ◽  
Author(s):  
Eli Rahmidiani
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Legal Assistance ◽  
Power Structures ◽  
Cultural Assumptions ◽  
Library Research

The purpose of this study is to find out how the role of women’s women’s crisis center Bengkulu in handling cases of domestic violence in the perspective of Islamic Law and  Law Number twenty  three Year two four About Aboli- tion of Domestic Violence. This type of research is field research (field research) supported by library  research (library research). From  the  result  of this research, it is concluded that  the  role of women’s crisis center Bengkulu women in handling cases  of domestic violence in collaboration with legal aid institutions, medical, police,  and  courts, this  co- operation is called  case-handling network in an effort to reach cases  of domestic violence and  sexual  violence can be handled and  facilitated by victims  such  as safe houses, counseling rooms, to share stories and  facilities  in the form of legal assistance and handling in a familial manner while reducing the number of sexual violence handled by prevention programs. Analysis of Islamic law against domestic violence that in Al-Qur’an Surah  An-Nisa ‘verse thirty-four explains that a husband should not immediately hurt  his wife with a painful blow. Since Islam does not teach such a thing, there have been good and  right rules when the husband is facing such  problems. Although beating the wife is justified in Is- lam, it is hitting that does not hurt the wife and with educational intentions. Analysis of Law Number Twenty-three Years Two Thousand Four  About Abolition of Domestic Violence  is able  to avoid  family violence, when disharmony occurs between husband and wife. More broadly, it is necessary to have fundamental changes in women’s status and attitudes toward both women and men  in society,  the need for continuous and strategic efforts to deconstruct traditional power structures that have been considered legitimate and deconstruct cultural assumptions and religions that strengthen and legitimize violence

scholarly journals Tinjauan Hukum Islam tentang Adat Istiadat Ma’rate’ dalam Acara Pernikahan (Studi Kasus Kelurahan Pantai Bahari Lambupeo’ Bangkala, Kabupaten Jeneponto)

2021 ◽  
Vol 2 (2) ◽  
pp. 287-300
Author(s):  
Muhammad Taufan Djafri ◽  
Syandri Syandri ◽  
Aswar Aswar ◽  
Zulkarnain Alim Said
Keyword(s):  
Cultural Values ◽  
Islamic Law ◽  
Field Research ◽  
Moral Values ◽  
Research Field ◽  
Qualitative Approach ◽  
Customary Law ◽  
Islamic Perspective ◽  
In The Beginning ◽  
Islamic Values

The purpose of this study was to discover the Ma'rate customary law in marriage according to the perspective of Islamic law. This research uses a qualitative approach with the type of field research (field research) and uses a normative and socioanthropological approach. The results of the study show that Ma'rate customs are never separated from the combination of culture and Islamic law. Ma'rate in the Islamic perspective has three elements of value, namely; 1) Moral values (in Ma'rate custom the host is obliged to honor guests such as providing food); 2) Cultural values (Ma'rate custom is no longer by its implementation as in the beginning, and this change is seen from the equipment that must be provided, where Ma'rate custom is now only an effort to preserve tradition); and 3) The value of worship (in the Ma'rate custom there are activities to pray for the bride and groom and humans in general). If the community can maintain Islamic values and not fall into sin, then Islamic law shows that the Ma'rate custom can be carried out on the condition that it does not conflict with the Qur'an, the sunnah of the prophet, and the rules of ushul fiqh.

scholarly journals TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK SEWA MENYEWA POHON MANGGA DI KALANGAN MASYARAKAT DUSUN PATUK (Overview of Islamic Law Against Leasing Practices of Leasing Mango Trees Among Patuk Communities)

2020 ◽  
Vol 4 (1) ◽  
pp. 97-120
Author(s):  
Afanda Leliana Sari ◽  
Abdul Wahab A. Khalil ◽  
Faridatul Fitriyah
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Qualitative Approach ◽  
Primary Data ◽  
Land Rent ◽  
Mango Tree ◽  
The People ◽  
Data Source ◽  
The Law

Praktik sewa menyewa pohon mangga di kalangan masyarakat Dsn. Patuk Ds. Ngetos Kec. Ngetos Kab. Nganjuk yang tidak biasa perlu kajian dengan tinjauan hukum Islam apakah sudah sesuai dengan syariat, guna meminimalisir adanya kemadlaratan yang mungkin ditimbulkan. Penelitian ini akan mengkaji dan menganalisis tentang praktik sewa menyewa pohon mangga dikalangan masyarakat Dusun Patuk Desa Ngetos Kecamatan Ngetos Kabupaten Nganjuk serta statusnya tinjauan hukum Islam. Penelitian lapangan (field reseach) ini menggunakan pendekatan kualitatif. Sumber datanya adalah masyarakat Dusun Patuk, dikumpulkan dengan teknik wawancara dan observasi. Metode analisisnya adalah deskriptif, yaitu mendeskripsikan bagaimana praktik sewa menyewa pohon mangga yang terjadi di kalangan masyarakat Dsn. Patuk Ds. Ngetos Kec. Ngetos Kab. Nganjuk dengan tinjauan hukum Islam. Dari hasil penelitian dapat disimpulkan bahwa praktik sewa menyewa pohon mangga di kalangan masyarakat Dsn. Patuk Ds. Ngetos Kec. Ngetos Kab. Nganjuk termasuk dalam akad bathīl dikarenakan terdapat satu rukun yang tidak terpenuhi atau dilarang oleh syara’ yakni penggunaan pohon mangga sebagai objek sewa. Terkait dengan resiko, dalam praktik ini seluruh resiko menjadi tanggungjawab pihak penyewa. Hal ini tidak sesuai dengan ketentuan dalam Fatwa Dewan Syariah Nasional-Majelis Ulama’ Indonesia (DSN-MUI) No: 112/DSN- MUYIX/2017 Tentang Akad Ijārah. Sedangkan hukumnya adalah dihukumi ma’fu, dikarenakan ketidak pahaman masyarakat tersebut atas hukum dari praktik yang mereka lakukan. Kata kunci: Hukum Islam, Sewa Menyewa, Pohon Mangga.Abstract:The practice of renting happens in Patuk Ngetos village Ngetos Nganjuk Regency by using mango trees as the objects in unusual leases needs to be studied with a review of Islamic law whether it is in accordance with the Sharia in order to minimize the existence of delays that might result from this practice, as well as a review of Islamic law about the practice of renting mango trees among the people of in Patuk Ngetos village Ngetos Nganjuk Regency. This type of research is a field research (field research), with a qualitative approach. The data source of this research is the community of Patuk villaget. The data collected is primary data with data collection techniques through interviews and observations. Based on the results of the study, it can be concluded that this practice is included in the bathīl contract because there is one pillar that is not fulfilled or prohibited by syara 'which is the use of mango trees as rental objects. This is also in accordance with the view of the ulama 'madzhab which states that it is not permissible to rent trees for fruit. In addition, the use of this object has resulted in uncertain speculation of results so that it tends towards gharar. As for the law on the practice of renting that has been done by the people of Patuk village, they are punished by ma'fu, due to the community's lack of understanding of the law of their practice. Therefore, the practice of renting a mango tree should be transferred to other agreements (contracts) such as land rent along with what is embedded in it or also with a contract (contract) musaqah provided that the results are sold to the cultivators.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

TINJAUAN HUKUM ISLAM TERHADAP PENGEMBALIAN MAHAR BERGANDA AKIBAT PEMBATALAN PEMINANGAN DALAM (Studi Di Kelurahan Belawan II Kota Medan)

2021 ◽  
Vol 2 (3) ◽  
pp. 83
Author(s):  
Rahmi Ramadhani ◽  
Elsy Renie
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Marriage Contract ◽  
The Gift

This study examines the tradition of returning multiple dowries due to cancellation of proposal from the perspective of Islamic law in Belawan II Village, Medan City. From these problems, questions arise about how the proposal process is in Belawan II Village, how is the practice of returning multiple dowries due to the cancellation of the proposal and what is the view of Islamic law on the tradition of returning multiple dowries due to the cancellation of the proposal. The type of research that the author uses is a type of field research (field research), to obtain data from the problems studied using qualitative methods. The results of the research that the authors found that the tradition of returning a double dowry due to the cancellation of the proposal in the Belawan II Village, Medan City was carried out by returning the gift at the time of the proposal, namely the gift was in the form of half of the delivery money whose purpose was to be used as a dowry at the time of the marriage contract. Half of the delivery money, which is called the dowry, is returned twice (double) by the woman to the man at the time the proposal has been made. The dowry is returned twice (double) if the cancellation of the proposal is made by the woman. Another sanction is that if the dowry is not returned double (double) at the time of the cancellation of the proposal, neither the man nor the woman may request/accept a proposal from another person, of course this is done by way of deliberation from both parties. The review of Islamic law on the tradition of returning a double dowry due to the cancellation of this proposal is included in the 'urf group.

scholarly journals Improving Factors of Divorce Rate in Sabang City

2019 ◽  
Vol 2 (3) ◽  
pp. 72-82
Author(s):  
Sulaiman Sulaiman ◽  
Muzakir Muzakir ◽  
Ema Syithah ◽  
Baharuddin Baharuddin ◽  
Ainon Mardhiah
Keyword(s):  
Domestic Violence ◽  
Field Research ◽  
Divorce Rate ◽  
Qualitative Approach ◽  
Family Needs ◽  
Library Research ◽  
Marriage Contract ◽  
Divorce Rates ◽  
The City ◽  
Descriptive Method

The purpose of this study was to look at the factor of increasing divorce rates in the city of Sabang. This research integrates library research and field research using a qualitative approach. This study uses. descriptive method of analysis The highest results of the study showed that the factor of increasing divorce in Sabang City was caused by; first, continuous disputes and disputes amounted to 80 cases, secondly, leaving one party numbered 38 cases, third, economic (family needs not met) as many as 9 cases, fourth, domestic violence in 5 cases, and fifth, sentenced to imprisonment ( involved in the use of narcotics) totaling 4 cases, the data is the data of the last three years. Whereas prevention efforts to avoid divorce are carried out by conducting marriage counseling conducted by the Office of Religious Affairs in the Sabang City area, at least one week before the implementation of the marriage contract, this guidance activity is mandatory for couples to marry, besides the Shari'ah Court of Sabang also conducted mediation with every party who filed a divorce or divorce divorce, out of the 63 cases of mediation cases that entered, only 5 cases of mediation were successfully mediated in the last three years and if the mediation attempt was unsuccessful a register was held to proceed to the trial stage.

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

Efektivitas Program Perumahan Bersubsidi Pada Produk KPR BTN Sejahtera iB (Studi Kasus: Bank Tabungan Negara Kantor Cabang Syariah Bekasi)

2020 ◽  
Vol 11 (1) ◽  
pp. 43-54
Author(s):  
Fuji Rahayu ◽  
Rafika Rahmawati
Keyword(s):  
Field Research ◽  
Research Field ◽  
Subsidized Housing ◽  
Housing Program ◽  
The Public ◽  
Analysis Techniques ◽  
Library Research ◽  
Savings Bank ◽  
Branch Office

The purpose of this study was to determine “The Effectiveness of the Subsidized Housing Programon KPR BTN Sejahtera IB Products (Case Study: Bank Tabungan Negara Bekasi Sharia BranchOffice)”, this research includes field research (field research) with qualitative methods and supportedby library research (library research). ) relating to the effectiveness of the subsidized housing programon KPR BTN Sejahtera IB products. Data collection techniques for this study consisted of observation,interviews, and documentation. As well as data analysis techniques for this thesis research usingtechniques: data reduction, data presentation and drawing conclusions. Measurement of effectiveness,seen from three factors, namely: first, convenience, second, target accuracy, and third, affordability.Based on the results of the research, it shows the effectiveness of the subsidized KPR program, namelythe convenience factor because the requirements, processes, forms of service, and administrative costshave been effective and affordable because it is easy for the public to obtain information about KPRBTN Sejahtera IB at Bank Tabungan Negara Bekasi Sharia Branch Office, monthly installments. ,details and total costs during the contract that are not burdensome, payment facilities have helpedcustomers, and there are no sanctions or fines if they experience arrears in payments every month,while the ineffectiveness is seen in the factor of the accuracy of targeting because many customerswho take the subsidized housing program are not occupied but only for investment. Therefore, it mustbe improved in all its aspects in order to produce optimal effectiveness for the subsidized housingprogram on the KPR BTN Sejahtera IB product at the Bekasi Sharia Branch Office State Savings Bank.

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