scholarly journals TINJAUAN HUKUM ISLAM TERHADAP PEMBERIAN UANG ADAT (SELEMAK SEMANIS) DALAM PERKAWINAN ADAT MELAYU JAMBI

2019 ◽  
Vol 1 (1) ◽  
pp. 57-74
Author(s):  
Siti Marlina Masputri
Keyword(s):  
Local Community ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Community Leaders ◽  
Sociological Approach ◽  
Needed Information ◽  
The Gift ◽  
Wedding Ceremony ◽  
Legal Consequences

The background of the problem in this research is, in Jambi in the traditional wedding ceremony there is what is called adat money (Selemak Semanis), which is the traditional money given by men to women who will be married if the adat money is not fulfilled so it will not happen marriage. As for the purpose of this study, we want to know the position and legal consequences of giving customary money in Jambi Malay customary marriage, wanting to know the legal consequences of giving customary money in Jambi Malay customary marriage and want to know the Islamic legal review of giving customary money in Jambi Malay customary marriage in Jambi. The approach in this study is a qualitative normative sociological approach. In this study the authors used the type of field research (Field research), by conducting interviews with the local community, village heads, officials of the sharia ', traditional leaders, community leaders, religious scholars, and various parties needed information in writing this research. Based on the data obtained by the author in the field, after being reviewed and understood, the following research results are obtained, firstly that the position of giving customary money is a condition for the implementation of marriage and its nature is a mandatory gift from men to women and legal consequences. from giving customary money in Jambi Malay customary marriage depends on whether or not the man can fulfill the customary money which is determined by the female family, presumably able to fulfill the customary money then the marriage will be held and if the man is unable to fulfill the customary money then marriage and customary money will occur outside of the gift dowry. The two reviews of Islamic law on the giving of customary money do not violate the Qur'an and the Hadith, but there is a mistake in the community in determining the amount of customary money that is too high so that it is burdensome to the men.

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.

ANALISIS TRANSAKSI JUAL BELI BAWANG MERAH BERPANJAR DALAM PERSPEKTIF HUKUM ISLAM (STUDI KASUS DI DESA PUTREN KECAMATAN SUMORO KABUPATEN NGANJUK) (Cancellation of Akad for Selling Onions Around In Islamic Legal Pespectives)

2019 ◽  
Vol 3 (1) ◽  
pp. 97-116
Author(s):  
Moh. Ridlo Pambudi ◽  
Jamaludin A. Kholik ◽  
Moh. Nafik
Keyword(s):  
Data Analysis ◽  
Local Community ◽  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Normative Approach ◽  
Village Community ◽  
Lack Of Information ◽  
Floating System ◽  
Qualitative Descriptive

Dalam transaksi jual-beli terkadang terjadi ketidak seimbangan dalam keuntungan maupun kerugian antara kedua Aqid. Dalam hal ini batalnya akad jual-beli bawang merah berpanjar yang dilakukan oleh Masyarakat Desa Putren Kecamatan Sukomoro Kabupaten Nganjuk pembeli bawang merah berpanjar ketika harga bawang merah naik, harganya tidak di naikan oleh sipembeli kemudian ketika bawang merah harganya turun sipembeli berhak menurunkan harganyanya sesuka hati. Secara metodologi, penelitian ini merupakan penelitian lapangan (field research) dengan pendekatan normatif. Penyusun menggunakan analisis kualitatif yang berlangsung selama dan setelah pengumpulan data dengan metode observasi, wawancara, dandokumentasi. Analisis data digunakan menggunakan metode deskriptif kualitatif. Berdasarkan hasil penelitian yang dilakukan peneliti, bahwa Praktek pembatalan akad jual beli bawang merah berpanjar di Desa Putren menurut tinjauan perspektif hukum Islam adalah tidak diperbolehkan dan diperbolehkan, tidak diperbolehkan dikarenakan salah satu pihak masih dirugikan dan itu dikatakan fasid, kurangnya informasi ketika  melakukan akad mengenai materi. Hal ini mengacu pada penjualan dimana obyek penjualan atau harga atau waktu pembayarannya belum di ketahui dan ditentukan. Di perbolehkan karena jual beli telah sesuai dengan rukun dan syarat akad, yaitu terdapat penjual dan pembeli yang bertujuan untuk menjual dan membeli, barang yang diperjual belikan adalah bawang merah. Selain itu jual beli bawang merah dengan sitem berpanjar ini dapat mendatangkan kemashlahatan bagi masyarakat setempat. Kata Kunci: Pembatalan, Akad, Berpanjar Abstract:In buying and selling transactions sometimes there is an imbalance in the profits and losses between the two Aqid. In this case the cancellation of the onions sale and purchase agreement carried out by the Putren Village Community in Nganjuk Regency Sukomoro Subdistrict, the buyer of the onion rises when the price of onion rises, the price is not raised by the buyer then when the onion drops. Methodologically, this research is a field research (field research) with a normative approach. The researcher uses qualitative analysis that takes place during and after data collection using observation, interview, and documented methods. Data analysis was used using qualitative descriptive methods. Based on the results of research conducted by researchers, that the practice of canceling onions buying and selling contracts in Putren Village according to a perspective of Islamic law is not permissible and permissible, it is not permitted because one party is harmed and it is said to be a fascist, lack of information when making contracts regarding material . This refers to sales where the object of sale or price or time of payment has not been known and determined specifically. It is permitted because buying and selling is in accordance with the pillars and the terms of the contract, namely there are sellers and buyers who aim to sell and buy, the items that are traded are shallots. In addition, the sale and purchase of shallots with this floating system can bring benefits to the local community.

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 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.

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

scholarly journals Kelalaian Pencatatan Nikah Pada Perkawinan di Bawah Umur di Kabupaten Gorontalo

Al-Mizan ◽  
2019 ◽  
Vol 15 (2) ◽  
pp. 316-341
Author(s):  
Yunus I. M. Umar
Keyword(s):  
Literature Review ◽  
Field Research ◽  
Government Officials ◽  
Sociological Approach ◽  
Marriage Contract ◽  
Legal Consequences

Marriage registration is important in marriages in Indonesia because it can have legal consequences for those who carry out marriages. This study discusses the form of negligence of marriage registration in underage marriages in Gorontalo District and the legal consequences that occur due to negligence of marriage registration in age marriages in Gorontalo Regency. This research is a field research with a juridical and sociological approach. The collection of data in the form of observations at the study site, interviews with employees of the Office of Religious Affairs, parents and underage marriages with 182 respondents, as well as literature review. The results showed: First, the form of negligence in the registration of marriages in Gorontalo Regency, namely the negligence of parents, the negligence of children and the negligence of marriage registration officers; Second, due to the legal consequences caused by negligence in registering underage marriages in Gorontalo District, namely the legality of child marriages, divorce is easy, rejection of marriage dispensation, repeating the marriage contract and marriage without the presence of government officials.

scholarly journals Reserva Extrativista Marinha Mestre Lucindo (PA): Processo de criação e perspectivas para o turismo

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Raul Ivan Raiol de Campos ◽  
Mara Dayane Silva Nascimento ◽  
Symone da Costa Mendonça
Keyword(s):  
Protected Area ◽  
Local Community ◽  
Marine Reserve ◽  
Life Quality ◽  
Field Research ◽  
Research Field ◽  
Daily Lives ◽  
Extractive Reserve ◽  
The People ◽  
Tourism Community

O objetivo geral do presente estudo foi analisar a participação e o envolvimento da comunidade local no processo de criação Reserva Extrativista Marinha Mestre Lucindo localizada no município de Marapanim no estado do Pará. Teve como objetivo específico identificar quais comunidades da REM que já trabalham com o turismo e saber as expectativas dos usuários da REM para o futuro do turismo na referida Unidade de Conservação. Para o desenvolvimento do estudo foram realizados levantamentos e análises em bibliografias que forneceram subsídios teóricos e conceituais para a pesquisa. A pesquisa de campo foi realizada com entrevistas e aplicação de questionários, bem como a observação do modo de vida de duas comunidades. Os resultados mostram que a maioria da população desconhece que seu território se tornou uma Unidade de Conservação, mas associam a criação da UC com a melhoria na qualidade de vida. O turismo acontece de forma desornada, embora a REM tenha grande potencial turístico. Porém, há falta de planejamento e organização. Propõe-se o planejamento do turismo de base comunitária para valorizar o conhecimento tradicional e atividades sustentáveis das comunidades locais. Mestre Lucindo Extractive Marine Reserve (PA, Brazil): Creation Process and Tourism Perspectives ABSTRACT The main objective of the current study was to analyze the participation and involvement of the local community in the process of creation of the Mestre Lucindo Extractive Marine Reserve located in the municipality of Marapanim in the state of Pará (Brazil). The specific objectives were to identify which communities of the Extractive Reserve already work with tourism and to know the expectations of the Reserve users for the future of tourism in this protected area. For the development of this study, surveys and analysis were conducted to provide theoretical and conceptual basis for the research. Field research was conducted involving interviews and application of questionnaires, and also observation of daily lives of two communities. The results indicate that the majority of the people living in the Reserve is unaware that their territory became a protected area, but they relate the protected area creation as an improvement of life quality. Tourism takes place disorganized, however the Reserve has a great touristic potential. But, it lacks proper planning and organization. It is proposed community-based tourism planning in order to value tradicional knwoledge and sustainable activities of local communities. KEYWORDS: Participation; Extractive Reserve; Protected Area; Tourism; Community.

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.

scholarly journals Hukum Jual Beli Online dengan Sistem Pre Order dalam Perspektif Hukum Islam (Studi Kasus Toko Online Nashrah Store)

2021 ◽  
Vol 2 (2) ◽  
pp. 251-270
Author(s):  
Hendra Wijaya ◽  
Askar Patahuddin ◽  
Khaerul Aqbar ◽  
Wahyu Kurniawan Hasmudin
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Order System ◽  
Payment Method ◽  
Online Store ◽  
Method Of Payment

This study aimed to know and anlayze the process of buying and selling online with a pre-order system at the Nashrah Store online store according to Islamic law. This study was a qualitative type of research (field research) using a normative and sociological juridical approach. The research showed several things. First, in general, the process of buying and selling with a pre-order system carried out by Nashrah Store is in accordance with the laws governing electronic transaction. Second, the sale and purchase contract carried out by Nashrah Store based on the form and method of payment are to apply a salam contract. As for the final payment method, it does not apply a salam contract, but applies al-wa'd bi al-syira' which is only in the form of a purchase promise.

scholarly journals Kajian Hukum Islam Terhadap Praktik Simpan Pinjam di Kerukunan Kayubulan Kota Manado

2021 ◽  
Vol 3 (2) ◽  
pp. 119-142
Author(s):  
Adriandi Kasim
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Research Field ◽  
Savings And Loans

Praktik simpan pinjam pada kerukunan Kayubulan menerapkan bunga sebesar sepuluh persen dan untuk anggota yang belum mampu mengembalikan pinjaman maka diwajibkan untuk membayar bunga pinjaman terlebih dahulu. Adapun rumusan masalah yang di angkat. Bagaimana praktik simpan pinjam pada kerukunan kayubulan di Kota Manado? Bagaimana tinjauan hukum Islam terhadap praktik simpan pinjam pada kerukuna Kayubulan Kota di Kota Manado? Penelitian ini bertujuan untuk mengetahui praktik simpan pinjam di kerukunan Kayubulan Wanea Kota Manado sudah berkesesuaian dengan Ijtima Ulama Komisi Fatwa Majelis Ulama (MUI) Indonesia tentang fatwa riba pada tanggal 22 syawal 1424 H/6 Desember 2003. Penelitian ini menggunakan Jenis penelitian lapangan (field research), dengan menggunakan metode pendekatan yuridis normatif. Hasil dari penelitian menunjukan bahwa praktik simpan pinjam kerukunan Kayubulan yang bertentangan dengan hukum Islam, karena sejak awal akad telah menentukan beberapa besar bunga pinjaman dan pihak kerukunan sudah memahami haramnya umat muslim mempraktikan riba, akan tetapi mereka masih menjalankan kerukunan tersebut. (The practice of savings and loans in the “Kerukunan Kayubulan” applies an interest of ten percent and for members who have not been able to repay the loan, they are required to pay the interest on the loan first. The formulation of the problem raised. How is the practice of saving and borrowing in the “Kerukunan Kayubulan” in Manado City? How is the review of Islamic law on the practice of savings and loans in the Kayubulan Kota harmony in Manado City? This study aims to determine the practice of savings and loans in the Kayubulan Wanea harmony, Manado City is in accordance with the Ijtima Ulama Fatwa Commission of the Indonesian Ulema Council (MUI) regarding the fatwa of usury on 22 Shawwal 1424 H/6 December 2003. This study uses a type of field research (field research). ), using a normative juridical approach. The results of the study show that the practice of saving and borrowing in “Kerukunan Kayubulan” is contrary to Islamic law, because from the beginning the contract has determined the majority of the loan interest and the harmony party has understood that it is forbidden for Muslims to practice usury, but they still carry out the harmony)

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