Hak Kawin Muda dalam Islam Sebuah Refleksi KH. Husein Muhammad

Marriage at a young age is a phenomenon in some Indonesian society, especially in rural areas or traditional societies, although this kind of marriage is rarely known because it is closed. This fact is due to several reasons which make this young marriage sustainable; including economic, social and cultural factors. In cultural factors, people often associate with elements of religion or the understanding held by society. The problem that arises is that there is no benefit that is obtained if underage marriages are still carried out. The methods used in this article is a qualitative approach to the library, where the focus is aimed against any reference about the religion, culture and islamic boarding school. The approach used is qualitative, which is a research procedure that describes the behavior of certain people, events, or places in detail and depth. While this type of research is literature. Namely, research that relies on reading sources, texts, and various information in the form of reading. In a different reference library research is research that is done to solve a problem that is based on a critical study of library materials and related research results presented in new ways.

PANDEMI COVID-19 SEBAGAI ALASAN IMPEACHMENT PRESIDEN PRESPEKTIF HUKUM TATA NEGARA

In the development of carrying trust as head of state as well as head of government, a president must execute the mandate that is contained in the law. This research was conducted to see the foundation used in the presidential impeachment, as well as whether the Covid-19 pandemic could be a reason for the president's impeachment. The author finds that there are several reasons for the impeachment in Indonesia, which is appropriate in security – Constitution 1945 Article 7A fourth amendment. States that the President and Vice-Presidents may be dismissed during his tenure by the MPR on the proposal of the DPR. In this case, of course, if it is proven to commit a violation of the law in the form of a blasphemy against the state, corruption, bribery, or other serious criminal acts.

Relevansi Kompilasi Hukum Islam Dengan Madzhab Hanafiyyah

Paragraph 1, article 6 KHI and fiqih madzhab hanafiyyah both state the mandatory approval of the prospective bride. The similarity between the two raises the proposition that the article on women's consent in the KHI is relevant to the hanafiyyah school of thought. But in reality, the logical formulation sequence of the hanafiyyah version of the agreement law is built on the basic understanding that women have rights rather than their guardians so that guardians have no rights in marriage, seemingly incompatible with the Islamic Law Compilation. This encourages the importance of the hadith study on women's consent. Through a literature review (library research) with a comparative analytical descriptive model, it is concluded; First, the hadith for women's consent is understood by hanafiyyah that women are more entitled than their guardians to the agreement, contract and other things. In other languages, guardians do not have rights over their daughters so that guardians are not a condition or harmonious in marriage. Second, there is no relevance between KHI and fiqih madzhab hanafiyyah, because in the legal construction between the two is different, where women's approval of their marriage in the hanafiyyah school is based on the basic stipulation that the guardian does not have the authority to approve or marry so that the guardian is not needed in marriage, while KHI states that women only have the authority to approve their marriage while still giving marriage authority to the guardian of marriage.

KONTEKSTUALISASI KONSEP JODOH, SAKINAH, MAWADAH, WARAHMAH DALAM AL-QUR’AN

Islam limits the pattern of interaction between men and women outside of marriage so that their respective honor can be maintained. In humans, there is a tendency of animal tendencies that have the potential to lead to prohibited cases (mungkarat or muharramat). Islam also regulates the provisions if a man and woman want a halal relationship as well as a reward value in the framework of marriage. An ideal marriage is generally defined as a marriage that is the result of one's own choice without any outside intervention, the two partners are never heard of fighting and arguing, and a married couple is supported by an established economy, such family conditions are considered ideal families. After several weeks or more, the news was heard that the husband and wife were divorced, even though at the beginning of the marriage they had received a prayer "hopefully they will become a sakinah family, mawadah, wa-rahmah and mate in the hereafter" could not prevent the intention to separate. The research method in this article uses a qualitative literature approach. The conclusion from the study and analysis of the text of the verses of the Qur'an regarding the concept of mate and the concepts of sakinah, mawadah, warahmah in the Koran is mentioned differently by Allah SWT. The concept of mate is said to use Arabic khalaqah, and the concepts of sakinah, mawadah, warahmah are spoken in Arabic ja'ala. The consequence of disclosing the concept of a mate using lafadz khlaqah means that something is the personal right of Allah SWT and humans do not have the effort to intervene, while the disclosure of the concepts of sakinah, mawadah, warahmah uses lafadz ja'ala, this means that human intervention is needed in building a family that is ideal.

KONTRIBUSI MUI DALAM REKONFIGURASI SYARIAH DI INDONESIA

This research describes the contribution of MUI in the reconfiguration of sharia in Indonesia, from being an unwritten law to a binding law. MUI's efforts in reconfiguring sharia are carried out through the bureaucratization of sharia, namely the process of incorporation of sharia into national law which at an empirical level has been lived and carried out by the Muslim community in Indonesia. In contrast to the process of shariatisation or law Islamization which presupposes the replacement of national law with religious law, sharia bureaucratization is the work of labeling sharia law in legislation as an effort to guarantee legal certainty, administrative order, and achieve justice in legal disputes. The significance of the MUI's contribution in the effort to reconfigure Islamic law is evidenced by the issuance of statutory regulations sourced from fatwa products. Reconfiguration efforts are carried out in three ways, namely; First, to provide support for the birth of certain laws and regulations; Second, provide critical support and correction to a statutory regulation; Third, give a sharia fatwa.

MEMBEDAH ANATOMI FIQH SIYASAH DALAM PUTUSAN MAHKAMAH KONSTITUSI TENTANG PRESIDENTIAL THRESHOLD

The Constitutional Court sets presidential threshold as an open legal policy or open law policy for legislators. In other words, presidential threshold as stipulated in Act Number 7 of 2017 on General Elections, especially in the article 222, does not contradict to the Constitution of the Republic of Indonesia 1945 and its accordance with efforts to maintain government stability. Although this decision left two constitutional judges dissenting opinion since it was issued, the decision is relevant to the fiqh siya>sah construct concerning the need to maintain government stability through determining sufficient conditions in the selection process for the head of state. Borrowing Norman Fairclough's Critical Discourse Analysis (CDA) approach, the decision is in accordance to the fiqh siya>sah dictum for two reasons. First, there is a religious dogma which states that a head of state must come from the strongest clan through prophet tradition (al-hadis) states, al-aimmatu min-quraysyin. Second, in the fiqh siya>sah tradition, any policy can be formulated as long as the benefit of the people can be achieved. The stipulation of strict prerequisites is not intended to obstruct the right of a mukallaf to be elected as head of state, but aims to achieve other interests that are greater and benefit society, in the form of advocating for the rights of the state, ensuring a sense of security, and the realization of religious values in social life.

SKEMA PENTASYARUFAN ZAKAT UNTUK PENANGGULANGAN COVID 19

Zakat is one of the obligatory worship with detailed explanation in the Qur’an and Hadits, both about the subject, object, degree of obligation and to whom is given. A few months ago, a Fatwa from the Indonesian Ulema Council (MUI) appeared on the introduction of zakat for the handling of covid-19 victims and their handlers. From this fatwa then negative assumptions are formed, as if the zakat property is not assigned to the existing zakat according to the guidance of the Qur’an and the Hadits. In this paper the author tries to scheming the contents of the fatwa using the methodology of liberry risert, it is hoped that what is stated in the fatwa of the preaching of zakat and shadaqah can be understood by the public well

Politik Hukum dalam Undang-Undang No. 38 Tahun 1999 Tentang Pengelolaan Zakat Perspektif Maqasid al-Risalah

This paper tries to explain the legal policy of the law carried out by the Indonesian government about zakat which is an obligation for capable Muslims as a manifestation of human empathy to others in need. Zakat has a noble goal, namely to alleviate poverty and eliminate social inequality in society. This objective is in line with one of the objectives of the Indonesian government which has been mandated in the opening of the 1945 Constitution, namely to advance public welfare. Thus, the management of zakat in Indonesia will be better, if implemented by the government, given that zakat is a very potential source of funds that can be used for public welfare for all Indonesian people. This article explains the process of formulating zakat laws in Indonesia, the substance of Islamic law in zakat, and the purpose of the Law (maqa>s}id al-risa>lah) about zakat in Indonesia, so that readers can fully comprehend the purpose of zakat law.

PENERAPAN PEMBAGIAN HARTA WARISAN DI ANTARA AHLI WARISNYA DZAWIL FURUD MENUNJUKKAN BAHWA ANGKA PEMBILANG LEBIH BESAR DARI ANGKA PENYEBUT PASAL 192 KOMPILASI HUKUM ISLAM (KHI)

Islamic inheritance, Farâ'idh or Islamic inheritance regulates various matters in the distribution of inheritance to those entitled to receive it on the basis of the provisions stipulated in the Qur'an, the sunnah of the Holy Prophet. and scholars agreement. The maker of farâ'idh or Islamic inheritance is Allah. The object is a relic. the goal can be to give heir rights to inheritance in accordance with the guidelines of Islamic law based on the Al-Qur'an, Al-Hadit, Al-?Ijmâ and Al-Qiyâs. Inheritance in Islam contains the rule of law regarding the transfer of corpses property definitively and contains a pure package from Allah SWT (tauqifi), that is why the verses of the Qur’an that explain about inheritance are not many, only three places regulate in detail, detail, and clear. Even so al-Qur'an still provides ijtihâd space in understanding the Qur'anic texts related to the explanation of inheritance law. KHI article 192 " Apabila dalam pembagian warisan di antara para ahli warisnya Dzawil furud menunjukkan bahwa angka pembilang lebih besar dari angka penyebut, maka angka penyebut dinaikkan sesuai dengan pembilang, dan baru sesudah itu harta warisnya dibagi secara aul menurut angka pembilang ". The heirs in KHI article 192 are heirs only consisting of Dzawil furud, the heirs who receive a definite share. The portion received by Dzawil furud is a definite part, namely: 1 / 2,14.1 / 8, and 2/3, 1 / 3.1 / 6), the part must be given by Dzawil furud in full, meaning that it should not be added let alone reduced, but the other side of inheritance is not sufficient to be given to the heirs in full, therefore, done in Aul. The Aul case in article 192 KHI only applies to the heirs of Dzawil furud, the heirs who received the definite portion that has been explained by Allah. in the Qur'an definitively In Aul's case the gains of each of Dzawil furud were reduced and decreased according to their share, even though the reduction was different but the fact of the reduction was the same. Because both are reduced and the same reduction is still a fair category. The Aul case in article 192 KHI was included in the domain of fiqh so that it was included in the category of ijtihad problems but there was still a chance of a difference

Perlindungan UU No. 1 Tahun 1974 tentang Perkawinan kepada Calon Pengantin

In marriage, some conventional fiqh literature stipulates that the authority to determine the marriage of the prospective bride is more dominant to the male side than the female party. For example, this is the opinion of Imam Syafi'i who allows the marriage of girls even though the girls are adults without the consent of the girls. In the Indonesian context, marriage must be based on the consent of the two prospective brides, which is one of the administrative requirements so that the marriage can take place. The methods used in this article is a qualitative approach to the library, where the focus is aimed against any reference about the religion, culture and islamic boarding school. The approach used is qualitative, which is a research procedure that describes the behavior of certain people, events, or places in detail and depth. While this type of research is literature. Namely, research that relies on reading sources, texts, and various information in the form of reading. In a different reference library research is research that is done to solve a problem that is based on a critical study of library materials and related research results presented in new ways.