| ID ↓ | ID URL | Judul | Penulis | Deskripsi / Abstrak | Subjek / Kata Kunci | Tanggal | Link Identifier |
|---|---|---|---|---|---|---|---|
| 1131 | #59 | Ibn Al-Muqaffa’s Proposal for Taqnīn and its Synchronization with Islamic Law Codification in Indonesia |
Sonafist, H.Y. Efyanti, Yasni Ramlah, Ramlah Hamzah, Ali Faizin, Faizin |
The research problems addressed in the article are the background story behind Ibn al-Muqaffa’s proposal for taqnīn, the historical background of the creation of the Islamic law codification in Indonesia, and the synchronization of ibn al-Muqaffa’s idea for taqnīn with the codification of Islamic law in Indonesia. The current study aims to unravel the view of Ibn Al-Muqaffa, an Islamic figure, about taqnīn. A biographical study was conducted by doing library research, especially on Ibn Al-Muqaffa’s proposal for taqnīn. The data collection procedure was divided into three parts i.e., orientation, exploration, focus-oriented research. Biographical research is part of a qualitative study that uses data analysis techniques and literature study as the qualitative data analysis as well as content analysis through the historical and textual approach. The results of the study reveal the method of law implementation before and during the lifetime of Ibn Al-Muqaffa which could be described as chaotic, with one of the reasons was because, at the time, the court had not possessed the statute that governed the legal activities other than the Islamic jurisprudence (fiqh) which was used by the judges in accepting, examining, and deciding on cases addressed to them. Therefore, every judge took a decision based on their own ijtihad (an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question). Ibn Al-Muqaffa advised the Khalifa Abu Jakfar Al-Manshur to compile the correlated legal reasonings in Islamic jurisprudence in which to be implemented and to be applied as the binding legal force in the form of statutory law which was regulated nationally and to be used as guidance by all the judges without no exception. The codification of Islamic law in Indonesia has received a constitutional status based on philosophical, sociological, and juridical reasons. The researchers closely examine three types of Islamic legal laws i.e., Act number 7 of 1989, Act number 3 of 2006, and Act number 50 of 2009 concerning Religious Courts, Act number 41 of 2004 concerning Waqf (Endowment), and Act number 21 of 2008 concerning Sharia (Islamic) Banking. Taqnīn (the codification of Islamic law) must be adjusted to demands of the present time in which it is implemented and in accordance with the specific fields of law, for example, taqnīn for Civil Law, Criminal Law, Family Law, Judicial Law, State Administrative Procedure Law, State Administrative Law, And State Finances.
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Ibn al-Muqaffa taqnīn Islamic law codification and synchronization. | 2020-12-28 | oai:ojs.pkp.sfu.ca:article/7864 buka_link ↗ Highlight_link 10.22373/sjhk.v4i2.7864 |
| 1130 | #59 | The Practice of Buying and Selling During Friday Prayer in Mandailing District Natal: A Study With A Maqashid Al-Syari'ah Approach |
Hamid, Asrul Putra, Dedisyah |
Islam, as a complete religion, regulates all human life. It regulates vertical ritual worship to Allah Almighty and regulates horizontal worship, namely the relationship between humans, so balance is needed in life. Humans as social creatures created by Allah need each other and cannot be separated from muamalah affairs such as buying and selling to fulfill their needs. Buying and selling is also a daily activity for everyone to meet the needs of their lives. Everyone who does buying and selling must know the law of buying and selling so that no one is harmed, especially the practice of buying and selling when Friday prayer are performed. Thus, the practice works under the provisions of Islamic law. Hablum minannas in the practice of muamalah towards fellow human beings must be in line with hablum minallah based on the guidance of Islamic law. Broadly speaking, Islamic law itself is divided into two; worship and muamalah. Muamalah is the rules (laws) of Allah Swt, intended to regulate human life in worldly affairs of a social nature. In this discussion, the author will explain the law of buying and selling during Friday prayer in Mandailing Natal Regency: a study with a maqashid al-syari'ah approach. This research is descriptive-analytical with the field study research through a normative, empirical approach. The results of this study is that the law of buying and selling that reaches the degree of urgency during Friday prayer is permissible with the aim of more significant benefit, namely protecting the soul (hifdzun an-Nafs) and (hifdzun al-Aql). This law applies in buying and selling medical drugs at pharmacies, hospitals, and other vital objects.
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Buying and Selling Friday Prayer Maqashid al-Syari'ah | 2021-12-25 | oai:ojs.pkp.sfu.ca:article/7575 buka_link ↗ Highlight_link 10.22373/sjhk.v5i2.7575 |
| 1129 | #59 | Reconstruction of the Concept of Nushuz of the Wife in the Digital Era |
Rokan, Mustafa Kamal Yazid, Imam Makky, Ahmad |
The increasing number of divorces has been largely affected by technological developments, including social media, which are used in a way that may lead wives to commit nushuz behavior. This present study aimed at reconstructing the nushuz of the wife in the digital era, a concept commonly known as the wife leaving her house without the permission of the husband. As a normative study, the study applied the conceptual approach. The study collected data by using the documentation study or library research, and analyzed the data by reading, examining, linking, and interpreting the data, and then elaborated the data descriptively. The findings revealed that social media has been used as a platform to publicly show the women’s beauty, reveal their aurat (intimate parts), spread gossips, share infidelity behavior, and many others which violate the religious norms and the universal, collective, individual, local and traditional values as well. Ideally, all of these should be kept private at home, as the home itself is the place to protect anything within it. The elimination of politeness boundaries and rules of interaction between men and women as a consequence of activities on social media has made nushuz of the wife irrelevant to be interpreted simply as the wife leaving the house without the permission of the husband. The meaning of house in the physical sense and that of social media should be equal in the context of the household. Nushuz should be interpreted in a broader perspective following the increasing development of modern technologies.
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reconstruction nushuz of wife digital era | 2020-12-28 | oai:ojs.pkp.sfu.ca:article/7259 buka_link ↗ Highlight_link 10.22373/sjhk.v4i2.7259 |
| 1128 | #59 | The Milk Al-Yamin Concept as a Validity of Sexual Relationship in a Modern Context: an Analysis of Muhammad Syahrur's Thoughts | Hasballah, Khairuddin |
In the understanding of fiqh turats, the concept of milk al-yamin is affecting the legal protection for oppressed slaves during the Jahiliyah period. According to Syahrur, the concept of milk al-yamin had similarities and differences with the marriage contract. The similarity lies in the ability to have sexual relations, while the difference is that a marriage contract is not merely a sexual relationship, but it has a legal effect on the production of the rights and obligations of a husband and wife to build a family, and other social activities related to mushaharah. Milk al-yamin does not arrive at the emergence of rights and obligations as husband and wife as a result of a marriage contract. The concept of milk al-yamin that Syahrur understands for the present context is how the legal proposition (the Quran) remains suitable with the current era, not to be eradicated historically because it is no longer relevant. He built a new logic for the concept of milk al-yamin in the present context, which is called ‘aqd ihsan. The concept of milk al-yamin understood by Syahrur enables the authorization of contractual marriages or mut'ah which were abolished according to the Sunni school of fiqh. The concept of contract marriage or mut'ah does not have general marriage conditions, because the purpose is not to build a family, but purely sexual relations, and does not belong to the category of formal marriage, although at the same time it is not haram. In consequence, the concept of milk al-yamin is not becoming a basis for legitimizing nonmarital sexual relations.
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Milk Al-Yamin Sexual Relations Modern Context fiqh | 2020-12-28 | oai:ojs.pkp.sfu.ca:article/7068 buka_link ↗ Highlight_link 10.22373/sjhk.v4i2.7068 |
| 1127 | #59 | Marital Beslag Outside Divorce Lawsuit in the Maqashid Syari’ah Perspective | Mulia, Riza |
The law of marriage seeks to protect joint property in the marriage bond with the hope that a quality family can be formed without any problems. Rules in law provide various reasons for formal legal guarantees for the protection of joint assets. This reason also does not escape the view of Islamic law through maqashid syar'iyah. This paper uses a normative approach. The focus of the problem in this paper is the objective of applying marital beslag outside of a divorce suit from the viewpoint of maqashid syar'iyah. The results showed that the provisions for marital beslag outside of a divorce suit were intended to maintain human needs from the financial aspect of the family that could sustain the family. In this context, protection of property helps maintain relationships between individuals (families) through the meaning contained in the text, where confiscation contains an element of family care which is also the goal of the maqasid.
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marital beslag Protection for marital treasure maqashid syar’iyah | 2020-12-28 | oai:ojs.pkp.sfu.ca:article/7052 buka_link ↗ Highlight_link 10.22373/sjhk.v4i2.7052 |
| 1126 | #59 | Refunction Family during Covid-19 Pandemic (Study among Students of Anthropology UGM) |
Abubakar, Ali Ulamy Alya, Nabila |
Today, the family experiences dysfunction because their functions are taken over by the state and the market. Before the Industrial Revolution, most people still relied on their families and communities for food, shelter, education, and employment. New communication and transformation technologies enable markets and governments to pull people out of family security and enter the market as individuals. During the Covid-19 pandemic, the authors saw a tendency for the return of family functions that had been taken away by the state and the market. People are getting closer to their families, especially because of the effects of physical distancing rules by the state. So far there have been no studies that show in detail how a pandemic really influences family functioning. The authors tries to investigate the functions of families returning to work using the daily data of UGM Cultural Anthropology students collected in the Rural Studies class in Indonesia from 30 March 2020 to 29 April 2020. Findings show that family refunction occurred during the pandemic.
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Refunction Family Function Covid-19 | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/7051 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.7051 |
| 1125 | #59 | Revitalizing the Role and Function of the Mosque as a Center for Da'wah Activities and Community Development | Usman, Iskandar |
Prophet Muhammad SAW was the first to build a mosque and he has given a very strategic role to the mosque and functioned optimally as a center for da'wah and fostering activities of the people. The Prophet Muhammad SAW was the bearer of the Divine message which was the most successful in conveying Islamic teachings and the most successful in fostering the Ummah. In less than 23 years, Rasulullah SAW succeeded in conveying the teachings of Islam perfectly and gained a very large number of followers and at the same time managed to foster the ummah into a civil society with high civilization and noble character. From one of the first mosques built by Rasulullah SAW in Quba, there are now millions of mosques throughout the world. But the role and function of mosques, in general, have experienced a lot of degradation, less functioning as a center of worship and Islamic culture, as practiced by Rasulullah SAW, more mosques only function as places of worship, instead, there are mosques which are only used as places for Friday prayers, whereas prayer the other five times are not held in the mosque in the congregation, because Muslims are not disciplined in keeping their prayers in congregation. This article would like to convey some thoughts, ideas, and ideas for the revitalization of the mosque as a center for preaching and fostering activities of the people.
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Revitalization preaching activities center fostering the community and civil society | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/7050 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.7050 |
| 1124 | #59 | Family Harmony and Quality of Life: A Personal Relationship Approach of Gabriel Marcel in the Age of Social Media Networks |
Ardi, Mohammad Noviani Nizar, Muchamad Coirun Maharani, Septiana Dwiputri Menoh, Gusti A.B. Rosyid, Abdul |
Social media represents one of the most widely utilised platforms across the globe. This medium provides numerous conveniences for individuals to interact with one another, whether in close proximity or at a distance, among acquaintances and strangers alike. However, these conveniences do not invariably yield positive outcomes; rather, they can also entail significant disadvantages. A pressing concern is that a considerable number of cases of marital discord in Indonesia can be attributed to infidelity facilitated by social media. This study aims to assess the impact of social media usage on the quality of life and marital harmony among families in Semarang. The methodology employed in this research is quantitative, with the subjects comprising married couples residing in Semarang. Data collection was performed via a survey, utilising questionnaires administered to 131 respondents in the area. Data analysis was conducted through validity tests, reliability tests, and regression analysis employing SEM PLS software. The data was subsequently examined through the framework of Gabriel Marcel's philosophy of humanity. Marcel's philosophy is pivotal in reinstating fundamental values that define human relationships, thereby ensuring that marital connections are not merely mechanical and technocratic. This study demonstrates a significant influence of social media usage on marital harmony among families in Semarang. Consequently, collaboration among various stakeholders is essential to raise awareness regarding the paradoxes associated with social media usage. Furthermore, it is imperative to enhance couples’ understanding of the purpose of marriage and how spouses can adapt to technological advancements to ensure that family resilience remains robust. This study is positioned at a technology readiness level (TRL) of 3, involving the development of a conceptual model aimed at improving marital harmony.
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Harmony Household Social Media Divorce Human Relationships | 2025-09-14 | oai:ojs.pkp.sfu.ca:article/7009 buka_link ↗ Highlight_link 10.22373/sjhk.v9.i3.7009 |
| 1123 | #59 | Parental Rights and Obligations to Children in the Era of Industrial Revolution 4.0 (Islamic Family Law perspective) | Asman, Asman |
In accordance with the current development of the current era of globalization is very fast developing, especially digital technology called the era of revolution Industry 4.0 where the existence of technology and information can be accessed anytime and by anyone, so that positive and negative impacts on the rights and obligations of parents to children in the family. This study uses a qualitative approach by collecting data through library research techniques, then analyzed in the perspective of Islamic family law. The method used is descriptive qualitative which describes data related to the rights and obligations of parents to children in the revolutionary 4.0 era in the perspective of Islamic family law. The focus of the problem in this study is how the rights and obligations of parents towards children in the 4.0 revolution industry era in the perspective of Islamic family law. The results of this study, parents have rights and obligations which are the responsibility of actualizing the rights of children in protecting, controlling, educating, maintaining respect and protecting children in the family.
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Rights and Obligations Parents Islamic Family Law | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6899 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6899 |
| 1122 | #59 | The Act Protection for Islamic Banks in Financing Land and Rubber Plantation Ownership |
Tektona, Rahmadi Indra Ochtorina Susanti, Dyah Helmi Septianto, Dea |
Islamic banks in channeling funds to the public with two types, namely financing with the profit sharing system and financing with the sale and purchase system with deferred payment. Revenue sharing system is a system that includes procedures for the distribution of results of operations between the fund provider and the fund manager. The system of buying and selling with deferred payment is a system with profit margins, namely by implementing a system of buying and selling at a bank as a seller or by appointing a customer to be used as a bank agent to make purchases of goods and then selling the goods to customers at the agreed base price and profit. In practice, financing through Islamic banks does not rule out the possibility of problems, such as defaults such as the case in the Muara Enim Religious Court.
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Legal Protection Islamic Banks Financing | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6880 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6880 |
| 1121 | #59 | Inheritance System of Bugis Community in District Tellu Siattinge Bone, South Sulawesi (Perspective of Islamic law) | Tarmizi, Tarmizi |
Each region has different inheritance traditions, including in the Bugis community in Tellu Siattinge District, Bone Regency. This study aims to determine the distribution system of the Bugis heritagein Tellu Siattinge District, Bone Regency then examined in the perspective of Islamic law. This type of research is a qualitative research and research data was collected through document studies, observations and interviews with the community. The results showed that the transfer of assets was generally carried out before the testator died through grants or willswhich is divided by deliberation while assets that have not been divided will be distributed after the heir dies as inheritance. The main heir who inherits only children, the determination of the portion received by the heirs depends on the agreement and the portion received by men and women is generally generalized. The system of inheritance is not appropriate according to Islamic law, especially in fiqh mawāriṡ, but because the distribution is done based on mutual agreement (islah), this is permitted with a record as long as the rights of each heir are taken into account and there is no conflict in the distribution of inheritance.
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Inheritance System Bugis Society Islamic Law | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6784 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6784 |
| 1120 | #59 | The Early Preventive Effort of Narcotic Abuse at Senior High School (SMA) in Aceh Besar and Sabang (A Study According to Islamic Law) | Muhammad Jamal, Irwansyah |
Efforts to prevent narcotics abuse, especially for teenagers, are very necessary. bearing in mind the conditions in Indonesian society, the use of narcotics is not only committed by adults, but it’s also practiced by teenagers who are schooling. Thus, protecting young people who are still in school-age becomes an obligation that cannot be abandoned, both individuals and society. On the one hand, a lot of thoughts and efforts have been made related to the prevention of narcotics, starting from the national program that forms a special agency to deal with narcotics (National Narcotics Agency) to non-governmental organizations. However, narcotics abuse still occurs in the community, including among students. Therefore, preventive action is needed to break narcotics abuse, especially in the school environment. The High Schools in Aceh, especially Aceh Besar and Sabang, have made some efforts, such as a. urine test; b. counseling/guidance and c. school rules and regulations. These efforts have had a positive impact on students. However, environmental conditions may influence them to trap in narcotics abuse, in case if the control from the various community is not done. These prevention efforts, according to Islamic law are part of amar ma'ruf nahi mungkar.
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Prevention Narcotics High School Students and Islamic Law | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6764 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6764 |
| 1119 | #59 | Maslahat as Considerations of Islamic Law in View Imam Malik | Syarifuddin, Said |
This study aims to reveal the view of Imam Malik about maslahat as an independent proposition in the determination of Islamic law. Trying to explain the terminology of maslahat, uncovering the dimensions of maslahat in the determination of Islamic law, analyzing maslahat as a basis of Islamic law that stands alone to establish Islamic law according to Imam Malik, and citing examples of Imam Malik's fatwa based on consideration of maslahat. This paper is a qualitative descriptive study using a multidisciplinary approach including normative, philosophical, and sociological approaches. This study shows that maslahat contains two sides, namely attracting or bringing benefit and rejecting or avoiding harm in order to maintain the goals of shari'ah, the establishment of Islamic law aims at realizing human benefit that is universal, generally accepted and lasting for all humans and in all circumstances. Imam Malik is of the view that maslahat can be used as a basis for independent legal considerations, without the need for legitimation of the shar'i proposition. For example, Imam Malik establishes the saliva of a holy dog. The fatwa is not in line with the instructions of the hadith that classify it as unclean. Imam Malik was not the first scholar to settle such a law, but his companions had experienced such cases, they then resolved these problems by issuing fatwas that were "contrary to" the instructions of zhahir nas. Therefore, the renewal of Islamic law can be done through maslahat considerations, such as those taken by Imam Malik, in order to provide legal answers to problems faced by the community, so that Islamic law appears to live dynamically in a society that continues to experience changes and developments.
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Maslahat Legal considerations Islamic Law Imam Malik | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6754 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6754 |
| 1118 | #59 | Prison in Review of Islamic Criminal Law: Between Human and Deterrent Effects | Haq, Islamul |
This study aims to find out how the prison system is in Islamic criminal law and how to treat prisoners in Islamic criminal law. This research is a qualitative study using a philosophical approach. The analysis of this research uses descriptive analysis method. The results of this study indicate that Islam views prison as a type of takzir punishment. with imprisonment, a prisoner can get a deterrent effect. However, that does not mean that prisoners are treated inhumanely. Islam has principles and ethics that apply to prisoners. One of the noble guidelines of Islam is to treat prisoners well, but is not privileged.
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prison prisoners deterrent effect | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6683 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6683 |
| 1117 | #59 | Euthanasia Active in Perspective of Islamic Inheritance: An Overview of Islamic Law |
Yakin, Ainul Syafi’ie, Musta’in |
Science and technology experience rapid development and progress. This is due to the increasing number of modern discoveries. Among the technological discoveries that are very important are inventions in the field of medicine. With modern medical equipment, a patient's suffering can be alleviated. But in reality, there are still some patients who cannot be avoided from severe suffering. Patients suffering prologed pain bring out compassion from the family. To release his suffering, the family who cannot bear to see his condition asks the doctor to take actions that can shorten the life of the patient, this kind of action in medicine is known as euthanasia. The Purpose of this research to find out how the position of inheritance rights for applicants of active euthanasia in the view of Islamic inheritance. This research uses library research by collecting books and scientific works related to the problem being discussed. The results of this study indicate that active euthanasia carried out by the hospital at the request of the heirs is seen as a barrier to inheritance, because it includes intentional and planned killings. Heirs are also seen as too hasty to get the right of inheritance.
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Active Euthanasia Islamic Inheritance Islamic law | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6524 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6524 |
| 1116 | #59 | Radha’ah in the Perspective of Tafsir Al-Misbah | Zulhamdi, Zulhamdi |
Providing decent food (breastmilk) to support the growth of children is one of the obligations of their parents and it is the gift that is given to a mother by Allah (God). This research is library research (literature research), which uses the interpretation of the Tafsir Al Misbah, the literature from books, journals, dictionaries, and other papers related to this research. It has been proven that breast milk is the best food for babies because of the diverse and complete nutritional content. The main content of breastmilk is 88% of the water that removes excess solute. Breast milk also contains carbohydrates, proteins, fats, vitamins, minerals, hormones, and growth factors. According to Quraish Shihab, radha’ah is interpreted as breastfeeding. In this case, he interpreted radha’ah as breastfeeding although breastfeeding recommendations in surah al-Baqarah is in the form of Khabar (information/news), but it means an order which obliges all mothers to carry out breastfeeding for up to two years with the responsibility of fathers in providing the needs of the family. However, it is permissible for parents to wean their children before two years if this can be bothersome, and it is also permissible for parents to let their children breastfed by other than their biological mothers if the mother is unable to breastfeed her child by herself. However, babies that are breastfeeding from other women will form a nasab (lineage) which means the baby will be forbidden to get married to a child of the woman that breastfed the baby.
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Radha'ah Persperctive Mean Al-Misbah | 2020-12-28 | oai:ojs.pkp.sfu.ca:article/6419 buka_link ↗ Highlight_link 10.22373/sjhk.v4i2.6419 |
| 1115 | #59 | Aceh, Qanun and National Law: Study on Legal Development Orientation |
Nurdin, Ridwan Ridwansyah, Muhammad |
This study wants to examine the suitability of Aceh Qanun with National Law related to the Hierakicity of laws and regulations in Indonesia. In theory it is possible that the Aceh Government can build its own hierarchies that are not the same as the Central Government. This relates to the authority of the Aceh Qanun which is not the same as the Regional Regulation but the hierarchy that is built but meets the basic norms of the Indonesian constitution. There are two focuses which are the focus of this research. First, what is the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh? Second, What Is the Future of Law in Aceh? The results of the first research, the character of the Aceh Qanun as a legal umbrella in the implementation of post-autonomy Aceh and post-peaceful Aceh is expected to be able to build Aceh better because of the presence of Law Number 18 Year 2001 and Law Number 11 Year 2006 regarding new hopes for the people of Aceh itself specifically in the field of Islamic sharia. Second, the future of law in Aceh in the discussion of legal development, is greatly developing from creating new norms in Aceh Qanun Number 6 of 2014 concerning Jinayah Law, because regulating jinayah law in Aceh does not have to draw the Criminal Code or the Criminal Procedure Code.
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Aceh Qanun and National Law | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/6416 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.6416 |
| 1114 | #59 | The Implementation of Verdict Execution on Providing Maḍiyah Maintenance Following Divorce According to Islamic Law (Case Study in Syar’iyyah Court Banda Aceh) |
Devy, Soraya Suci, Dwi Mekar |
The article discusses the procedures of filing a plea to execute verdicts on providing māḍiyah maintenance and the effort to implement the verdicts in Syar’iyyah Court Banda Aceh. The study was conducted with a qualitative approach and the collected data were analyzed with a descriptive-analysis method based on Islamic law perspective. The result shows that the procedure and the legal effort to file an execution toward the verdict related to māḍiyah maintenance in Syar’iyyah Court are distinguished into two types of divorce, i.e. talak divorce and filed divorce. In talak divorce, the execution of the verdict related to maintenance is conducted during the reading of the talak pledge. In the filed divorce, the ex-wife’s lawsuit related to maintenance which is neglected by the ex-husband is entitled to be legally sued through filing a plea on execution. The phases as follows: (1) the ex-wife files a plea of execution to the court, (2) pay the execution cost, (3) aanmaning (a warning to the defendant), (4) the ex-husband and ex-wife comply with the summons by the court, (5) the court establishes executorial beslag (executing confiscation), (6) the court establishes an execution order, (7) an auction. According to the Islamic perspective, the execution of māḍiyah maintenance can be conducted following the ex-wife’s lawsuit to the court. The execution of māḍiyah maintenance can be performed by the court based on the valid provisions of executing māḍiyah maintenance in Syar’iyah Court upon consideration of benefit and expediency principles.
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The implementation of execution Court Verdict The Provision of Maḍiyah Maintenance Divorce | 2020-12-28 | oai:ojs.pkp.sfu.ca:article/6179 buka_link ↗ Highlight_link 10.22373/sjhk.v4i2.6179 |
| 1113 | #59 | Hareuta Peunulang: Protection of Women in Aceh according to Customary and Islamic law |
Daud, Mohd. Kalam Akbar, Rahmatul |
This study discusses the protection of women through the provision of hareuta peunulang in terms of traditional aspects and Islamic law. This study uses a qualitative approach based on the theory of benefits in Islamic law and traditional theory. This research chooses research locations namely Banda Aceh, Aceh Besar and Pidie on the grounds that these three regions practice the giving of hareuta peunulang. This research concludes that the pattern of giving hareuta peunulang is usually the parents submitted to their children after marriage. Hareuta peunulang is usually in the form of land, houses, gardens, household appliances, livestock or other forms of assets that can be used as capital in taking on a new life after being married and separated from their parents. Giving this property is proven to protect women in economic, social and even psychological aspects, for example when a girl is given a house or land, she will be protected economically and socially. Then from the customary perspective that this is part of a tradition that aims to preserve adat, while from the perspective of Islamic law, this gift contains maslahat values that lead to harmony, prevent divorce, mobilize brotherhood between nuclear families.
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Hareuta Peunulang Protection of Women Adat Aceh Islamic law | 2020-06-30 | oai:ojs.pkp.sfu.ca:article/5921 buka_link ↗ Highlight_link 10.22373/sjhk.v4i1.5921 |
| 1112 | #59 | Teori ‘Asabiyyah Ibn Khaldun dalam Perspektif Hukum Islam (Theory of 'Asabiyyah Ibn Khaldun in Islamic Law Perspective) | Mulia, Muji |
The theory of 'Asabiyyah (Solidarity of groups, fanaticism of tribes or nepotism) is the fruit of the Ibn Khaldun think. The birth of the theory of 'Asabiyyah is not separated from his observation of the condition of Muslims when it is in the interfaith and seize power by relying on the solidarity of Groups, group. This article is about to examine the theory of 'asabiyyah Ibn khaldun. This article is reviewed with a historical and normative approach. The results showed that in order to practice this 'Asabiyyah theory does not lead to evil and negative, according to Ibn Khaldun's opinion, it is the only solution to control and control the operation of the group. Religion is instrumental in lowering the tension of this asabiyyah practice. Although Ibn Khaldun has explained 'Asabiyyah (Solidarity Group, fanaticism group) part of Sunnatullah that cannot be eliminated from human life, we should also see from the Islamic eyewear in this case Islamic law on the practice of ' Asabiyyah (Solidarity Group). In the view of Islamic law, the practice of 'Asabiyyah (solidarity Group) is not allowed to be banned by reason of violating the purpose of establishing Islamic law itself. The purpose of established Islamic law is to create the benefit of mankind. While the practice of solidarity group, Fanatime tribe, and nepotism gave misery, the distress, hostility and destruction of the joints of human life, both in the world and in the hereafter.
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The theory of ' Asabiyyah Ibn Khaldun Islamic law | 2019-11-20 | oai:ojs.pkp.sfu.ca:article/5277 buka_link ↗ Highlight_link 10.22373/sjhk.v3i2.5277 |