scholarly journals Perkawinan Dalam Perspektif Tasawuf

2021 ◽  
Vol 3 (2) ◽  
pp. 290-307
Author(s):  
Azhar Azhar ◽  
Putri Amelia

This dissertation discusses Marriage in the perspective of Sufism (Study of analysis of Legislation on Marriage in Indonesia). This is done considering the high divorce rate in Indonesia even though the legislation regarding marriage has been made quite a lot by the government and even the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law have long been enacted. The purpose of this study is to find out why Islamic marriage regulations and legislation in Indonesia have not been able to stem the flow of divorce and family disharmony, and what solutions can be offered in minimizing divorce in Indonesia, as well as how to establish marriage law with the Sufism approach. The process of collecting data is done by means of library research (Library Research). The reading material is described and analyzed using qualitative methods so that the causes of the high divorce rate in Indonesia are found. After the discussion, two main problems were found, namely formal problems and non-formal problems. Formal problems are problems that are related to the rules and regulations of marriage itself. While non-formal problems are problems that arise from the personal members of each family. To overcome problems related to formal problems, the solution offered is the need to review several articles in the Marriage Law Number 1 of 1974 and need to revive the functions of the Marriage Advisory Counseling and Conservation Agency (BP4) as before the Marriage Law Number 1 year 1974. Meanwhile, to overcome problems related to non-formal problems, it is necessary to give Sufism teachings to the bride and groom who are delivered when they attend bride and groom courses organized by the Ministry of Religion throughout Indonesia. In order to establish marriage law with the Sufism approach, the connection between Sufism values and laws in the frame of benefit is needed. For this reason, the values of Sufism such as warak and zuhud and qonaah and so on need to be developed and integrated in connection with marriage law. The interconnection of the values of Sufism with marriage law is needed in numbers to minimize the divorce rate in Indonesia. Keywords: Marriage law, Sufism

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 355
Author(s):  
Fauna Alwy

The main purpose of this study is to find out the weaknesses in the application of the Compilation of Islamic Law in Indonesia, especially some of the provisions in it that tends to be gender biased; so that innovative ideas can be found to strengthen even the re-formulation of gender-sensitive legislation but still based on Shariah values and customary law. It is normative law research that uses a normative legal case study in the form of legal behavior products, among others by examining the Compilation of Islamic Law especially in the level of its implementation. The subject of the study is the Islamic marriage law which is conceptualized as the norm or rule that applies in the society and becomes the reference of behavior for every Indonesian citizen who embraced Islam.Keywords: Reformulation, Government Compilation, Islamic Law, Strengthening, Concept, Gender Sensitive Regulations


AL-HUKAMA ◽  
2018 ◽  
Vol 7 (2) ◽  
pp. 464-501
Author(s):  
Zahrotul Firdaus

This article examines the review of Islamic law against regulation of Rokan Hulu District No. 5 of 2016 on pre marriage course. Regent’s regulation No. 5 of 2016 on pre-marriage course is seen under the maslahah mursalah theory. With the course, the prospective husband and wife already have a lot of supplies to deal with various problems that will arise in the future. In addition, the prospective husband and wife are more stable to get marriage because they have already got a lot of knowledge and motivation from pre-marriage courses held by the government of Rokan Hulu Regency. This program also contains elements of avoiding damage, namely divorce which will have a bad consequence for the offspring. Divorce is expected to be avoided by having sufficient knowledge about domestic life, especially the rights and obligations of husband and wife. Besides using maslahah mursalah, this study also uses the theory of saddu al-dzari'ah. The high divorce rate in Rokan Hulu regency is due to several factors, namely the increasingly sophisticated information technology that facilitates infidelity, the unpreparedness of the bride and groom to receive 100 % of their partners post-marriage, economic factors, the lack of knowledge about marriage and the lack of religious education. The various reasons above, especially the problem of the lack of knowledge about marriage can be closed and avoided by the existence of intense marriage supplies. One of the debriefings could be through a pre-marriage course program held by the Regent of Rokan Hulu.


Author(s):  
Muchimah MH

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.


2017 ◽  
Vol 15 (1) ◽  
pp. 37-50
Author(s):  
Noraida Harun ◽  
Jady @ Zaidi Hassim

Corruption in the public and private sector has become a major problem to the government. Corruption is a serious problem that has become a topic of debate lately, especially in the mass media. Several negative effects will arise as a result of this corruption problem. The main objective of this paper is to analyse the prevailing corruption in land administration. Thus, the trend of corruption in land administration is deeply rooted and it could jeopardize public confidence in the institution of land office. This paper aims to identify the factors of the problem of corruption, recommendations and solutions to curb these crimes from occurring and to identify whether Malaysian Anti-Corruption Commission (MACC Act 2009) is able to provide solutions to the problems of the crime. The library research and content analysis method are being used in this study. The finding of this research shows that there are several factors of corruption have been identified occurring in the land administration. The MACC Act 2009 appears to have a lot of loopholes in the effort to curb the problem of corruption. This study will highlight some of the proposed recommendations according to Islamic perspective to ensure the interests and rights of all parties involved.   Keywords: corruption, land administration, Malaysian Anti-Corruption Commission Act 2009, recommendations and solutions according to Islamic law.   Rasuah dalam sektor awam dan swasta telah menjadi satu masalah utama bagi kerajaan. Rasuah merupakan gejala serius yang sering menjadi topik perbincangan sejak akhir-akhir ini terutamanya dalam media massa. Di samping itu juga, pelbagai kesan negatif yang akan timbul akibat daripada masalah rasuah ini. Objektif utama penulisan ini di buat adalah untuk melihat gejala rasuah yang berlaku dalam pentadbiran tanah. Justeru itu, trend jenayah rasuah dalam pentadbiran tanah yang semakin meningkat amatlah membimbangkan kerana ia boleh menggugat kepercayaan orang ramai terhadap institusi pejabat tanah. Kertas kerja ini bertujuan untuk mengenal pasti punca masalah rasuah, beberapa cadangan penambahbaikan dan jalan penyelesaian bagi mengekang jenayah ini dari terus berlaku. Perbincangan ini turut mengupas Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 (ASPRM 2009) adakah mampu memberi penyelesaian kepada permasalahan jenayah ini. Kajian kepustakaan dan kaedah analisis kandungan digunakan dalam kajian ini. Hasil kajian mendapati terdapat beberapa punca masalah rasuah yang telah dikenal pasti berlaku dalam pentadbiran tanah dan ASPRM 2009 turut dilihat masih longgar dalam usaha untuk mengekang masalah rasuah ini. Penulisan ini akan mengutarakan beberapa cadangan penambahbaikan menurut perspektif Islam dalam menjamin kepentingan dan hak-hak semua pihak yang terlibat.   Kata kunci: rasuah, pentadbiran tanah, Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009, cadangan dan penyelesaian menurut undang-undang Islam.


Author(s):  
Ahmad Edwar

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation


2014 ◽  
Vol 4 (1) ◽  
pp. 105
Author(s):  
Nafis Irkhami

Hizbut Tahrir (The Party of Liberation) is an international pan-Islamic politica<br />l organization. Its goal is to unify all Muslim countries as an Islamic state<br />(caliphate) ruled by shariah. They argued that caliphate and Islamic law should<br />not be separated. Without a caliphate, the sharia application will never be<br />totally accomplished. Factually, these grand themes constitute the global discourse<br />applied by Hizbut Tahrir movements around the world. It becomes<br />the main idea that links their global ideological ground and commonality.<br />Hizbut Tahrir (HT) entered into Indonesia in 1982, through M. Mustofa and<br />Abdurrahman al-Baghdadi. As in another countries, HT got repression from<br />the government. Using a momentum of the reformation era, Hizbut Tahrir<br />Indonesia (HTI) begin to socialize its ideas openly. Even in 2000, they have<br />registered its organization at the Ministry of Domestic Affairs.<br />This study aims to scrutinize the ideas of HTI thinking about political economy,<br />which is devoted to the theory about the relationship between religion, state<br />and economy, as well as the construction of public finances. This study is<br />intended as a historical study of Islamic economic thought. The discourse of<br />the study focuses on three questions. First, how does HTI grow in Indonesia,<br />and why does they flourish? Second, what are the relationship between the religion, the state and the economy according to them? Finally, how is the<br />structure of HTI’s public finances?<br />This qualitative study was an exploratory-analysis. It was intended to analyze<br />key concepts in a plantation of thought that has been documented, both<br />from primary and secondary sources. It is a library research. The sources of<br />the research are in the form of HTI’s works which have been well documented<br />in a large numbers, including in the Pdf formats. The study found that HTI<br />tended to see every current economic problem by reflecting it into the cultural<br />heritage of the past. Related to this, the slogan that they have always<br />been shouted was “Sharia is the only solution.” From this philosophy it can<br />be estimated that HTI’s thoughts of Islamic public finance, will face the problem<br />of contextualization.<br />Hizbut Tahrir (Partai Kemerdekaan) adalah sebuah gerakan politik Islam<br />internasional. Tujuannya adalah untuk menjadikan negara-negara Muslim dalam<br />satu kepemimpinan negara Khilafah yang diatur dengan syariah. Mereka<br />berpendapat bahwa kekhalifahan dan hukum Islam tidak dapat dipisahkan.<br />Tanpa Negara khilafah, syariah tidak dapat diterapkan dengan sempurna.<br />Gagasan utama inilah yang diusung oleh Hizbut Tahrir di seluruh dunia. Gagasan<br />pokok itulah yang mempertemukan idiologi dan pergerakan mereka. Hizbut<br />Tahrir masuk ke Indonesia pada tahun 1982 melalui M. Mustofa dan<br />Abdurrahman al-Bagdadi. Sebagaimana di negara-negara lain, HT mendapat<br />tekanan dari pemerintah. Dengan memanfaatkan momentum era reformasi,<br />HTI mulai mensosialisasikan ide-idenya secara terbuka. Bahkan pada tahun<br />2000 mereka telah mendaftarkan dirinya sebagai organisasi resmi di Depdagri<br />Ditjen Kesatuan Bangsa.<br />Studi ini bertujuan untuk mengungkap gagasan pemikiran HTI tentang<br />ekonomi politik, khususnya mengenai teori hubungan antara agama, negara<br />dan perekonomian, serta mengenai konstruksi keuangan publik. Kajian ini<br />dimaksudkan sebagai studi historis tentang pemikiran ekonomi Islam. Pokok<br />masalah dalam penelitian ini adalah: Pertama, bagaimana HTI tumbuh dan<br />berkembang di Indonesia. Kedua, bagaimanakah hubungan antara agama,<br />Negara dan perekonomian menurut mereka. Ketiga, bagaimanakah struktur<br />keuangan public menurut HTI?<br />Kajian kualitatif ini bersifat eksploratif-analisis, yakni dimaksudkan untuk mengurai dan menganalisa secara mendalam mengenai konsep-konsep kunci<br />dalam pemikiran HTI yang telah terdokumentasikan, baik dari sumber primer<br />maupun sekunder. Berdasar sifatnya, penelitian ini termasuk library research, di<br />mana bahan dan sumber data penelitian ini berupa karya-karya dari tokohtokoh<br />HTI yang telah terdokumentasikan dengan baik dalam jumlah besar,<br />termasuk dalam format Pdf. Penelitian ini menemukan bahwa HTI cenderung<br />melihat segala persoalan ekonomi saat ini dengan merefleksikannya pada warisan<br />budaya masa lalu. Terkait dengan hal ini, slogan yang selalu mereka teriakkan<br />adalah “Syariah adalah satu-satunya solusi.” Dari cara berfikir ini dapat diperkirakan<br />bila pemikiran-pemikiran keuangan publik HTI akan menghadapi problem<br />kontektualitas.


2021 ◽  
Vol 2 (1) ◽  
pp. 78-97
Author(s):  
Khaerul Aqbar ◽  
Sulkifli Herman ◽  
Asri

This study aims to examine how the application of zakat at the time of the Prophet. and khulafaurasyidin as well as examining how the zakat enforcement system in Indonesia and its application from the perspective of Islamic law. In this study, the authors use a type of library research (library research) whose data sources are obtained from written sources, including books, laws, fiqh books, journals, the internet, and other scientific papers related to the object under study, by using Sharia normative theological approach, juridical approach, and sociological approach. The research results found by researchers are as follows; First, zakat is one of the pillars in supporting the economy of Muslims to overcome economic, social, educational, and health disparities in the country of Indonesia. second; The imposition of zakat in Indonesia can be done by revising the contents of law number 23 of 2011, which is to reduce tax for muzakki on zakat that has been fulfilled. third; the government can impose zakat on the Indonesian Muslim community as long as it can manage zakat by the Sharia without any element of cheating in it. fourth; zakat can be enforced in Indonesia if it can strengthen the role of BAZNAS, LAZ, and BAZ nationally by Article 23 of 2011 Law. Fifth; the imposition and management of zakat at the time of the Prophet and khulafaurrasyidin is something that should be emulated because history has proven its success in managing zakat. sixth; muzakki may distribute their zakat directly to mustahik without going through institutions either from the government or institutions under the protection of the government. seventh; according to the perspective of the Islamic law that every leader who manages the affairs of the Muslims is obliged to take care of his affairs by the provisions of the Shari'a. Eighth; in surah al-Taubah / 9 verse 103 the leaders have been instructed to take zakat from Muslims by applicable regulations.


2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).


2018 ◽  
Vol 2 (2) ◽  
pp. 43
Author(s):  
Erni Wahyuni

The research goals are to study and describe the consideration of the jugde inrelated to status of the marriage child, before isbat nikah, as well as to describe the implication to the child born before isbat nikah. The research method used is juridical normative jurisdiction, the data used are secondary data. The data analysis was done by qualitative analysis. The results of research in this thesis turned out to be, not all requests of marriage confirmation of undocumented marriages can be granted. Religious Court will grant the confirmation of marriage that qualified one of criteria in Article 7, paragraph (3) letter a to letter e Compilation of Islamic Law and the marriage proven at trialappropriate according to Islamic Law, and theres no violation ofmarriage banaccording to Islamic law and state law.


2013 ◽  
Vol 13 (2) ◽  
pp. 273
Author(s):  
M. Shohibul Itmam

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program  PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.


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