scholarly journals Permasalahan dan Penyelesaian Sengketa Wakaf Menurut UU No. 41 Tahun 2004 dan Hukum Islam (Studi Sengketa Wakaf Tanah Wahdah Islamiyah)

2021 ◽  
Vol 2 (3) ◽  
pp. 396-412
Author(s):  
Muhammad Taufan Djafri ◽  
Askar Patahuddin ◽  
Azwar Iskandar ◽  
Ambarwati Ambarwati
Keyword(s):  
Qualitative Methods ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Field Research ◽  
Land Ownership ◽  
Mutual Trust ◽  
Legal Certainty ◽  
Normative Approach ◽  
Descriptive Research ◽  
The People

This research aims to find out: (1) the issue of waqf disputes and their resolution in Indonesia in the review of the Law. No. 41 of 2004 and Islamic law; and (2) the issue of waqf disputes and their settlement in Wahdah Islamiyah. This research includes the category of descriptive research using qualitative methods with a juridical-normative approach through field research. The results showed that: (1) the form of land waqf dispute problems in Indonesia, including: (a) issues involving holders of legitimate rights to waqf land; (b) issues related to the reason for rights or proof of acquisition used as a basis for granting rights; (c) errors/misrepresentation of rights. In addition, the problem is also in the form of still many waqf land that does not have a Waqf Pledge Deed, many waqf implementations are carried out religiously or based on mutual trust, the demand for the return of waqf land by wakif heirs and waqf land is controlled for generations by nazirs who deviate from waqf accounts. Article 62 of Law No. 41 of 2004 on Waqf affirms that the resolution of disputes is taken through deliberation for consensus. If dispute resolution through deliberation is unsuccessful, the dispute can be resolved through mediation, arbitration, or court. As for the review of Islamic law, the resolution of waqf disputes and other issues in the realm of Islamic law can be facilitated through litigation and non-litigation. The existence of peace (al-iṣlah) and deliberation for consensus is always a priority and is expected to solve problems without causing other problems (lā ḍarara wa lā ḍirāra) to achieve the benefit of the people in accordance with maqāṣid al-syarī'ah and justice; (2) Wahdah Islamiyah faces several problems of land waqf disputes, such as lack of legal certainty in waqf land ownership, waqf practice by conventional means, waqf land for sale, claims of waqf land ownership, and no checking the legality of waqf land. In the settlement of land waqf disputes, Wahdah Islamiyah directs the resolution of all dispute cases through two patterns, namely litigation and non-litigation patterns, which are generally done by familial means or consensus deliberation.

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.

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 Fungsi Rekruitmen Politik Calon Legislatif Partai GERINDRA pada Pemilihan Umum 2019 Di Daerah Khusus Ibukota Jakarta

2019 ◽  
Vol 11 (1) ◽  
pp. 65
Author(s):  
Aisatul Husna ◽  
Firman Manan ◽  
Ari Ganjar Herdiansah
Keyword(s):  
Data Collection ◽  
Political Parties ◽  
Qualitative Methods ◽  
Descriptive Research ◽  
The People ◽  
Democratic System ◽  
Research Types

This study aims to determine the changes in the pattern of recruitment of Gerindra Party legislative candidates after being declared an open party in the 2019 election in DKI Jakarta and to know the function of cadre recruitment to be prepared in the Gerindra 2019 party legislative candidates in DKI Jakarta. The recruitment by the Gerindra Party is semi-open because all people who fulfill the requirements can be chosen as legislative candidates from the party. This research uses qualitative methods, with descriptive research types. Data collection through observation and interviews. 2019 elections have 20 political parties. Political parties in Indonesia are institutions that are considered important in a democratic system. Therefore, political parties are obliged to recruit candidates for legislative members who later party cadres will be placed in parliament and also through open selection both internal and external cadres. The Gerindra Party in facing the 2019 election has a policy to implement a recruitment mechanism for legislative candidates. Thus it is hoped that the best representatives of the people will be able to emerge in the 2019 elections, both at the level of the DPR RI, Provincial DPRD and City / Regency DPRD.

scholarly journals Putusnya Perkawinan dan Akibatnya dalam Fikih Munakahat (Studi Analisis Undang-Undang Nomor 1 Tahun 1974 Pasal 38-41)

2021 ◽  
Vol 2 (3) ◽  
pp. 413-431
Author(s):  
Kasman Bakry ◽  
Zulfiah Sam ◽  
Jihan Vivianti Usman
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Marital Problems ◽  
Normative Approach ◽  
Descriptive Research ◽  
Qualitative Descriptive ◽  
The Law ◽  
Almost All ◽  
Legal Consequences

This research aims to find out and understand Fikih Munakahat and the analysis of Law No. 1 of 1974 article 38-41 which discusses the breakup of marriage. This research uses a type of qualitative descriptive research, which focuses on the study of manuscripts and texts with a theological-normative approach and a juridical approach. The results showed that: First, the urgency of marriage in Islam that lasted until now is the marriage of al-Wiladah, i.e. a man came to the girl's parents to propose to her. Then he married her with his dowry; Second, the basis of marriage law in Indonesia at the level of application is contained in Law No. 1 of 1974 on Marriage and Presidential Instruction No. 1 of 1991 on compilation of Islamic law (KHI) applied in almost all marital problems, and the law is always used as the basis and back of every judge in providing legal interpretations and solutions to various problems of marriage law today; Third, the legal consequences due to the termination of marriage both in the perspective of Law No. 1 of 1974 in articles 38-41 and in the perspective of Fikih Munakahat will have an impact on; 1) children; 2) innate property; and 3) a living.

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 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 Adat Pernikahan Melayu Jambi Perspektif ‘Urf dalam Ilmu Ushul Fiqh

2017 ◽  
Vol 1 (2) ◽  
pp. 167-174
Author(s):  
Muhammad Sibawaihi ◽  
Mokhammad Baharun
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Research Approach ◽  
Applicable Law ◽  
Normative Approach ◽  
Moral Sanction ◽  
Preparation Period ◽  
Research Type

Marriage has rules and regulations its implementation. According to Jambi Malay customary law,  there are several stages in marriage custom, especially in subdistrict of Muara Tembesi, first introduction period, second preparation period. thirth  day scales, fourth betel tanyo Pinang tanyo, fifth tand fill custom lumbago, sixth take delivery customs lumbago, seventh marriages marry, eight old gather, memulang lek pado penangga, ninth Berelek Berkenduri, complain Gather tuo. Next custom marriage is absolutely must be followed by  all society  of jambi because of the moral sanction if someone doesn’t follow applicable law. The purpose of  research is to know the custom marriage of Jambi Malay and position of custom law, especially in subdistrict of Tembesi. research method is Islamic law research, research type used is field research. The research approach used is a normative approach, the problems studied under Islamic law, to underestand  the Qur'an, Hadith, and 'Urf in Ushul Fiqh. The research method used is observation, interview, and documentation. Data analysis used is qualitative analysis. Based on the research has done, it can be concluded  the marriage custom of Jambi Malay in Muara Tembesi Subdistrict, the analysis of `Urf is shohih custom.

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 Nilai-Nilai Kearifan pada Konsep Penguasaan Tanah Menurut Hukum Adat di Indonesia

2016 ◽  
Vol 24 (1) ◽  
pp. 14
Author(s):  
NFN Syahyuti
Keyword(s):  
Social Welfare ◽  
Agricultural Sector ◽  
Private Property ◽  
Islamic Law ◽  
Land Ownership ◽  
Land Conversion ◽  
Economic Resource ◽  
The People ◽  
Farm Business ◽  
Uncultivated Land

<strong>English</strong><br />Aspect of land ownership is an essential part of overall current agrarian system because it will determine level and distribution of social welfare. In agricultural sector, land ownership also determines farm business activities including products distribution. Frequent land conversion and uncultivated land in Indonesia are the impacts of ownership system established by the state law influenced by private property and capitalistic economy. This paper reviews land ownership based on custom laws in some Indonesian ethnics which is in accordance with land ownership based on Islamic law. Some of the characteristics are: (i) land is unique economic resource and no absolute land ownership; (ii) inclusiveness; (iii) selling land as market commodity is prohibited, and (iv) people and work are more valuable than land. Land ownership based on custom and Islamic laws has higher wisdom and tends to realize welfare and justice for the people. <br /><br /><br /><strong>Indonesian</strong><br />Aspek penguasaan tanah merupakan bagian yang sangat esensial dalam keseluruhan sistem agraria yang berlaku, karena akan menentukan tingkat dan distribusi kesejahteraan masyarakat di dalamnya. Demikian pula untuk sektor pertanian, karena faktor penguasaan tanah menjadi penentu kegiatan usahatani serta termasuk distribusi hasilnya di antara pelakunya. Fenomena tingginya alih fungsi lahan dan lahan terlantar di Indonesia merupakan dampak dari sistem penguasaan menurut hukum negara yang sangat menjunjung tinggi kepemilikan pribadi (privat) karena dijiwai sistem ekonomi kapitalis. Dalam tulisan ini dipelajari konsep penguasaan terhadap tanah yang relatif berbeda, yaitu bentuk penguasaan menurut hukum adat pada beberapa suku bangsa di Indonesia yang terbukti memiliki banyak kesamaan dengan bentuk penguasaan tanah menurut hukum Islam. Beberapa cirinya yang utama adalah bahwa tanah merupakan sumberdaya ekonomi yang unik, dimana tidak mengenal bentuk penguasaan yang mutlak, adanya sifat inklusifitas, larangan untuk memperjual belikan tanah dalam arti sebagai komoditas pasar, serta lebih dihargainya manusia dan kerja dibandingkan tanah. Penguasaan tanah menurut hukum adat dan Islam tampaknya memiliki kearifan yang lebih tinggi, yang sesungguhnya akan lebih mampu mewujudkan kesejahteraan masyarakat secara berkeadilan.

scholarly journals Peran Kantor Urusan Agama (KUA) Kecamatan Siman dalam Pembentukan Keluarga Sakinah Perspektif Undang-Undang Nomor 11 Tahun 2009 Studi Kasus Di Desa Ngabar Kecamatan Siman Kabupaten Ponorogo

2021 ◽  
Vol 14 (1) ◽  
pp. 47
Author(s):  
Hazi Kurniva Sari
Keyword(s):  
Social Welfare ◽  
Islamic Law ◽  
Field Research ◽  
Know How ◽  
Village Community ◽  
The People ◽  
Descriptive Approach ◽  
Harmonious Family

Muslims believe that marriage is the best way to have children and maintain self-respect. In the Compilation of Islamic Law Article 3 paragraph (1) it is explained: the purpose of marriage is to realize a sakinah, mawaddah, warohmah household life. There are many ways to form a family, but the people of Ngabar Village, Siman District, Ponorogo Regency, and also other people do not know how to form a harmonious family. This study aims to (1) determine the understanding of the Ngabar Village community towards Law Number 11 of 2009 concerning Social Welfare, (2) to determine the role of KUA Siman District in the formation of a sakinah family in Ngabar Village, Siman District, Ponorogo Regency. This type of research is Field Research. A descriptive approach is used in this study. The results of this study indicate: The people of Ngabar Village do not understand the meaning of social welfare even though the employees of the Siman District Religious Affairs Office have socialized Law Number 11 of 2009 concerning social welfare. As a result, the formation of a sakinah family in Ngabar Village has not been carried out as much as expected.

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