Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

Pojiale: Another side of the Buginese

This paper discusses a unique side of the Bugis that has not received attention in several literatures about the Bugis. The Buginese tends to express himself excessively and aggressively. Local people label such self-expression as pojiale, instead of using siri na pesse (one of the Bugis ethics and cultural values) as the primary reference to describe the character and behavior of the Bugis people, but rather based on the experience and reflection of the author as a Bugis person who was born and grew up in the life of the Buginese. From this experience and reflection, the author finds the pojiale as the unique character possessed by the Bugis. The gap between the ideal values of Bugis culture (Bugis ethics and siri na pesse culture) are factually practiced in the social life of the Bugis.

Jurisprudence issues related to fasting that depend on the judge’s ruling according to the Hanbalis: Collection and Study : المسائل الفقهية التي تتوقف على حكم القاضي في باب الصوم عند الحنابلة: جمعًا ودارسةً

The objective of the research is a gathering and thorough examination of the matters that the judge requires within the matters pertaining to fasting in the Hanbali school of thought from one of its relied books. Guidelines which the judge needs and does not need to give an edict are given. The book Iqna'a by al- Hajjawi was chosen for which the research was to be based on after which a comparison of the remaining four schools of thought were made because the former is the primary reference for judges in this country and so is important and beneficial for judges and rulings. The research concluded in that there are three rules that the ruling of judge depends on and that this is not a point of agreement amongst the scholars. Just as the scholars differ in matter of Islamic jurisprudence likewise judges differ in matters of ruling like whether or not it was dependent on the ruling of the judge or not like in matters related to fasting, such as the beginning of Ramadhan and other months.

ALI JUM'AH SUFISTIC THINKING AND ITS RELEVANCE ON ISLAMIC EDUCATION (PAI) IN HIGHER EDUCATION

Strengthening spiritual values through the dimensions of tasawwuf learning is one of the efforts to improve changes in students' moral mentality. Sheikh Ali Jum'ah as a charismatic cleric at Al-Azhar University and a former Mufi of Egypt, one of the international scholars who payed attention to the discourse, according to him, instilling modern Sufistic values of Sufism in the young generation can be a supporter of forming a young age who is religious and has good intellect. This article aims to examine and explore the Sufistic concept of Alī Jum'ah to increase individual piety and discuss the relevance of its Sufistic theory to the learning of Islamic Religious Education in Higher Education. Using a literature review approach, his works are collected from various sources and studied interactively through the Islamic studies approach. The primary reference source is his work entitled At-Tharīq Ilā Allah, while the second reference refers to other books. The Sufistic concept of Alī Jum'ah is built on six main principles where the axis is Allah Al-Makshd Al-Kulli. At the practical level, repentance, tafakkur, tadabbur, and consistency in dhikr are the primary tools for ma'rifatullah. Manhaj, the existence of a Murshid and a Salik are the essential pillars in the world of Sufism. Its sufistic relevances in PAI learning which substantially impacts on strengthening the five main components, namely learning objectives, learning materials, learning approaches, lecturers, and students in higher education.Abstrak: Memperkuat nilai-nilai spiritualitas melalui dimensi pembelajaran tasawwuf merupakan salah satu upaya untuk memperbaiki perubahan mentalitas akhlak pada siswa. Syeikh Ali Jum’ah sebagai ulama kharismatik Universitas Al-Azhar dan manfat Mufi Mesir salah satu ulama internasional yang menaruh perhatian terhadap diskurus tersebut dimana menurutnya menanamkan nilai-nilai sufistik tasawwuf modern terhadap generasi muda dapat menjadi penyokong membentuk generasi muda yang religius serta memiliki intelektualitas baik. Artikel ini bertujuan untuk menelaah serta menjelajahi konsep sufistik Alī Jum’ah dalam rangka meningkatkan kesalehan individu serta mengkaji relevansi teori sufistiknya terhadap pembelajaran Pendidikan Agama Islam di Perguruan Tinggi. Dengan menggunakan pendekatan literature review, karya-karya beliau dikumpulkan dari berbagai sumber serta dianalisis secara interaktif melalui pendekatan Islamic studies. Sumber rujukan primer diambil dari karyanya berjudul At-Tharīq Ilā Allah sedangkan rujukan sekunder merujuk kepada kitab-kitab yang lainnya. Konsep Sufistik Alī Jum’ah dibangun atas enam kaidah utama dimana porosnya adalah Allah Al-Makshūd Al-Kulli. Tataran praktisnya, aktivitas taubat, tafakkur, tadabbur, dan konsistensi dalam dzikir menjadi alat utama menuju ma’rifatullah. Manhaj, keberadaan Mursyid dan Seorang Salik merupakan rukun-rukun esensial dalam dunia tasawwuf. Relevansi sufistiknya dalam pembelajaran PAI berdampak kuat terhadap penguatan empat komponen utama yaitu tujuan pembelajaran, metode pembelajaran, dosen, serta mahasiswa di perguruan tinggi.

The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.

Gender Audit as Basis in Developing Modules for GAD Focal Persons in Mati, Davao Oriental, Philippines

Many countries across the globe, including the Philippines, have implemented Gender and Development (GAD) policies to reduce gender biases and promote equality. However, mainstreaming efforts have been challenging due to the scarce availability of learning resources in the local context. This study is an initiative to provide the GAD Focal Point System (GFPS) in the Department of Education – City of Mati with a primary reference in training their GAD Focal Persons on Gender Sensitivity, GAD Planning, and Budgeting (GPB). The coverage is based on their learning needs and gaps determined through participatory strategies involving the school administrators, teachers, students, and parents. Also, the results of the gender audit using the Gender Mainstreaming Evaluation Framework (GMEF) are used as a baseline in module development. The framework presents strategic directions that agencies need to follow to advance across stages. It was found that Mati’s primary and secondary schools are in the initial stages of gender mainstreaming. As such, GAD’s basic concepts and definitions are introduced, along with various forms of gender-based violence and the appropriate mechanisms to address them aptly. The essential steps in planning and budgeting are also detailed, providing an active experience among the participants. It is imperative to sustain GAD capacity-building initiatives to catalyze a more directed and engaged policy framework.

The Spirit of Al-Gazali against Capitalism in Pandemic Covid-19 Era

Capitalist behavior was unavoidable when the co-19 outbreak struck. Panic buying at a number of shopping centers, as well as hoarding of healthcare supplies such as masks and sanitizers, are all manifestations of capitalism’s selfish behavior. This essay stressed the critical importance of ethics in all parts of behavior, including economic activity, in order to dissuade such behavior. This study took a qualitative method, with Al-Gazali’s Sufistic thinking serving as the primary reference point. This study took a sociological perspective. The primary data collection took place over the course of one week at Lakessi traditional market, Sejahtera store, Alfamidi Weke branch, Indomaret Weke branch, Kimia Farma Andi Makkasau Pharmacy, Kimia Farma Pharmacy, Bau Massepe Pharmacy, and Indah Farma Pharmacy. Interviews corroborated the findings. Additionally, this study utilized secondary data from Al-Gazali’s work Ihya Ulumiddin and contemporary research. More precisely, when the sickness struck, Al-Gazali’s beliefs acted as a check on capitalist behavior. The qadr al-hajah and ihsan were revealed to be the most critical aspects in encouraging sharing and caring while simultaneously minimizing panic buying and hoarding. This article is expected to contribute to the scientific riches of the Co-19 Era and to fill the moral hole produced by capitalism.

“Habonaron Do Bona”: Simalungun Community Values Philosophy and Inspiration for Anti-Corruption Education in Indonesia

The writing aims to reveal the wealth of values in the philosophy of habonaron do bona and find inspiration for anti-corruption education in Indonesia. In order to approach this problem, the research uses Max Scheler's axiological thinking as the primary reference. The study took data through interviews with Simalungun community leaders in the Seribu Dolok area, Simalungun Regency. The collected data were analyzed using philosophical hermeneutics: vertehen, translation, and interpretation. The interpretation movement uses Paul Recouer's hermeneutic circle pattern. The results of data analysis show that habonaron do bona has primary values that are structured like the structure of Max Scheler's values. Habonaron do Bona, both related to primary values and values education patterns, can be implemented for anti-corruption education in Indonesia.

“New patriotism” in post-war Sri Lanka and the revival of the Walauva as a site of power in contemporary Sri Lankan English fiction

An emerging body of fiction by contemporary English novelists in Sri Lanka during the immediate post-civil war decade (2010–2020) indicates a renewed interest in the feudal grand house (the walauva) as a site of power. Often described in romantic terms and presented from positions of entitlement, in its renewed form, the walauva is constructed as a benevolent patriarchal system in which class superiors and servants share cordial and meaningful relationships. With primary reference to Nayomi Munaweera’s “What Lies Between Us”, Madhubhashini Ratnayake’s “There is Something I Have to Tell You” and Charulatha Thewarathanthri’s “Stories”, I place this emergent romanticized impression of the feudal grand house within the centralist power agenda of majoritarian populism prevalent in post-civil war Sri Lanka: a mass consciousness engineered by Sinhalese nationalist political fronts postwar, which historian Nira Wickramasinghe terms Sri Lanka’s ‘new patriotism’. While appreciating the contemporary writer’s imagination as being shaped by demands of ‘new patriotism’ the article identifies a deviation of her reading from the representations of the walauva as a site of power by Sri Lanka’s English literary canon from the 1950s to the mid-1990s.