Facts show that some people currently give inherited assets to endow or give to heirs who care fo... more Facts show that some people currently give inherited assets to endow or give to heirs who care for their parents. This is because the heir who takes care of his parents needs it more or finds it more difficult to care for his parents, so that in the view of other heirs, the heir who takes care of his parents is more entitled to receive all the inheritance. Giving inheritance assets to heirs who care for their parents seems to be contrary to the provisions of the Al-Qur'an verse which stipulates that inheritance must be divided according to the provisions in the Al-Qur'an and/or hadith. This research aims to review the interpretation of Al-Qur'an verses regarding inheritance using normative descriptive methodology and a hermeneutic approach as a model of interpretation. It is hoped that this research will be able to contribute to Islamic legal thoughts which continue to experience changes both in the pattern of goals and/or socio-culture, especially the law regarding al-Mu'amalah al-Insaniah
The distribution of inheritance in the Riau Malay traditional tribe, especially in the Pelalawan ... more The distribution of inheritance in the Riau Malay traditional tribe, especially in the Pelalawan Regency area, has an inheritance distribution system adapted from Islamic law. The distribution of inheritance in Malay customs uses the concept of gender-equitable distribution, where both men and women receive equal shares of inheritance through mutual consensus between the recipients of the inheritance in front of the traditional leader. The research method in this article uses qualitative methods and juridical analysis based on the iCompilation of Islamic Law. Key words: Inheritance, Malay customs, legal basis
Implementing the Kacar Kucur custom in the context of Javanese weddings, which is a tradition pas... more Implementing the Kacar Kucur custom in the context of Javanese weddings, which is a tradition passed down from generation to generation with deep meaning. This custom involves the groom pouring grains, spices, and coins into the bride's lap, symbolizing the husband's responsibilities and symbolizing affection. The philosophical values contained in the process include protection, calm and respect between husband and wife, as well as the important role of parents in guiding the bridal couple. In the perspective of al-'adah al-muhakkamah, kacar kucur is considered not to conflict with Islamic law, so its existence is maintained in modern society. This research emphasizes that the Kacar Kucur custom is not just a tradition, but also reflects spiritual values, namely those contained in the Al-Qur'an, Surah An-Nisa' verse 34, that "Men (husbands) are the guardians of every woman ( wives) because Allah has enlarged their majority (men) over the majority of others (women) and because of that they (men) have spent some of their wealth.
Keywords: philosophy, kacar kucur, javanese customs, al-'adah al-muhakkamah
The construction of Islamic economic jurisprudence is based on three pillars which are a special ... more The construction of Islamic economic jurisprudence is based on three pillars which are a special typology for it and are one part of the universality of Islamic sharia, namely the pillars of al taisiir (convenience), al taghoyyur (dynamic), and al waqi'i (realistic). These three pillars can become material for consideration and objects of fiqh reasoning as one of the tools of ijtihad on a local economic/muamalat scale by fuqoha who are economists or fuqoha and economists who synergize in formulating concepts and institutions. Sharia-based economic values have actually been touched upon by revelation as a basis of reference in Islam and then formulated within the framework of ijtihad by Islamic scientists, starting from the era of the Companions of to Al-Syatibi which were immortalized in their works, even though they are still thoughts. Generally, Islamic economic thought is divided into three, namely the classical Islamic economic school which has a legalistic and normative genre (pure fiqh) and has not yet entered the practical realm in the field as a standard economic concept and regulation in a significant way. Second, the Islamic economics school which seeks to interpret revelations in the context of developments of the times, and thirdly, the Islamic economics school which is oriented towards western schools (Europe and America) whose concepts and thoughts are expressed in two central figures of modern Muslim economists from different schools, namely Umar Chapra and east of Kuran. Keywords: Economic jurisprudence construction, Islamic economic school, revelation, jurisprudential reason
Fakta menunjukkan, bahwa sebagian masyarakat saat ini memberikan harta warisan untuk diwakafkan a... more Fakta menunjukkan, bahwa sebagian masyarakat saat ini memberikan harta warisan untuk diwakafkan atau diberikan kepada ahli waris yang merawat orang tua. Hal itu dikarenakan ahli waris yang merawat orang tua lebih membutuhkan atau ia lebih merasakan kesulitan merawat orang tua, sehingga dalam pandangan ahli waris lain, ahli waris yang merawat orang tua lebih berhak mendapat semua harta warisan. Pemberian harta waris kepada ahli waris yang merawat orang tua seolah bertolak belakang dengan ketentuan ayat Al-Qur'an yang menetapkan warisan harus dibagi sesuai ketentuan dalam Al-Qur'an dan atau hadis. Penelitian ini bertujuan untuk menelaah kembali tafsir ayat Al-Qur'an tentang waris dengan menggunakan metodologi deskriptif normatif dan pendekatan hermeneutika sebagai model penafsirannya. Penelitian ini diharapkan mampu berkontribusi terhadap pemikiranpemikiran hukum Islam yang terus mengalami perubahan baik dalam pola tujuan dan ataupun sosiokulturnya, terutama hukum tentang al-Mu'amalah al-Insaniah. Kata kunci: Pembagian warisan, ahli waris, hermeneutika Hasan Hanafi ABSTRACT Facts show that some people currently give inherited assets to endow or give to heirs who care for their parents. This is because the heir who takes care of his parents needs it more or finds it more difficult to care for his parents, so that in the view of other heirs, the heir who takes care of his parents is more entitled to receive all the inheritance. Giving inheritance assets to heirs who care for their parents seems to be contrary to the provisions of the Al-Qur'an verse which stipulates that inheritance must be divided according to the provisions in the Al-Qur'an and/or hadith. This research aims to review the interpretation of Al-Qur'an verses regarding inheritance using normative descriptive methodology and a hermeneutic approach as a model of interpretation. It is hoped that this research will be able to contribute to Islamic legal thoughts which continue to experience changes both in the pattern of goals and/or socio-culture, especially the law regarding al-Mu'amalah al-Insaniah
This research is about marriage guardians for women born less than six months of marriage at Idi ... more This research is about marriage guardians for women born less than six months of marriage at Idi Rayeuk. This research is an empirical study using a sociological approach. However, the theoretical aspects remain put forward. There are three research questions here: First, how is the determination of marriage guardians by marriage officer in Idi Rayeuk for women born less than 6 months in Idi Rayeuk. Second, how is the determination of the six-month period of pregnancy by marriage officer in Idi Rayeuk. Third, what is the legal basis used by marriage officer in Idi Rayeuk in establishing marriage guardians and a six-month period for women born less than six months of marriage. The results showed that the determination of the guardian judge by marriage officer in Idi Rayeuk for women who were born less than six months from the marriage period was a compromise between positive law and the applicable law in the community, namely the Shafi'i school of fiqh, including the compromise between marriage officer in and the public. The family law becomes converted into a living law which is a compromise of some of the rules contained in positive law and the Shafi'i jurisprudence. Theoretically-practically, it is the wali hakim who acts as the guardian for women born less than six months of marriage as in the Shafi'i school of fiqh. Not a biological father. But in recording the name of the guardian, still includes the name of the biological father. Shafi'i Jurisprudence is carried out while still carrying out state rules, namely by recording it on the form containing the name of biological father. Keywords: marriage guardian, woman born less than 6 months, legal guardian
The Koran's comments regarding marriage are explicit in many verses. There are around 104 verses,... more The Koran's comments regarding marriage are explicit in many verses. There are around 104 verses, including the vocabulary of marriage which is repeated 23 times and the word zauwj which is repeated 80 times. An in-depth review of all the marriage scriptures lays out the five principles of marriage. First, the principle of mawadah wa rahmah. Second, the principle of monogamy. Third, the principle of mu'āsyarah bil-ma'rūf (polite communication). Fourth, the principle of mutual enhancement and protection in interpersonal relationships and sexuality. Fifth, the principle of determining partners for prospective brides and grooms. Society believes that women do not have full rights in matters of marriage, so choosing a partner must be left to their parents. Selection of a partner as one of the principles of marriage often conflicts with the right of ijbar held by the guardian. This ultimately became the focus in Islam, a woman's right to decide on a partner is the sole right of her parents, not the right to decide on a partner. The claim that has developed so far is that mujbir guardians are parents who claim that their children were married off by their parents' choice, or better known as "forced marriage". This paper aims to analyze the use of KH Husein Muhammad's socio-historical approach in the form of the mashlahah concept in Fiqh/Usul Fiqh with the aim of reaching a middle point between the differences. Keywords: marriage, guardian mujbir, legal istbat
Organ transplantation has become one of the most meaningful solutions in modern medicine. The iss... more Organ transplantation has become one of the most meaningful solutions in modern medicine. The issue of organ transplantation has given rise to new problems, so it has become one of the most sensitive debates in the medical and religious worlds. The increasing number of patients requiring transplants, organ rejection, post-transplant complications, and the risks that may arise from transplantation have raised questions about the legal and ethical ethics of using this technology. On the other hand, the current development of science and technology in the medical field also triggers various kinds of legal problems, where it is required to be more flexible and applicable in its implementation, not being shackled into a rigid legal system. The ijtihad method used is the istislahi method using the Manhaji approach. The results of this ijtihad confirm that a person may not give or sell organs and/or body tissues to other people because the organs are not proprietary (haqqul milki) for that reason, taking and transplanting organs without any reason justified by syar'i is unlawful. Keywords: Transplant, MUI fatwa
The renewal of ushul fiqh has become one of the factual topics in the study of modern Islamic tre... more The renewal of ushul fiqh has become one of the factual topics in the study of modern Islamic treasures. The demands of the progress of the times and the increasingly complex problems in Muslim society today require a new answer to the problems that arise. Even so, efforts to renew the discipline of Ushul Fiqh can be carried out if the public is aware of the phenomenon of stagnation of traditional fiqh, that ushul fiqh can be renewed. It is this strong will and awareness that can actually be built if people realize the need for reform of religious thought and practice it on a large scale. There have been many Muslim scholars who have proposed renewal in the discipline of ushul fiqh, which is solely for one purpose, namely; shows that religion can be used to solve everyday problems. Nu'man Djahiem, is a figure from Malaysia who deserves appreciation in the field of renewal of Ushul Fiqh. Brilliant ideas and practical solutions seem to have entered the paradigm of Indonesian Islamic thought, especially the reformation paradigm of ushul fiqh which is still stagnant. Nu'man Djaheim has the same view, regarding the reformulation of Ushul fiqh that has been produced by the previous ulama'. So that Usul fiqh can be more developed and adaptive to various new problems. Nu'man Djahiem's renewal offer, namely:i'ādah ṣiyāghatihi bi uslūb manhaji, formulating fiqh proposals as a method or tool that is always used. Second, Ar-rabṭ bayna qaḍāya 'ilm al-uṣūl wa 'ilm uṣūl al-qānūn. Linking and integrating the science of usul fiqh with the science of legislation. Third, Istifādah min 'ulūm al-'aql allati tajarradat wa taṭawwara. Making this renewal according to the character of the science of ushul fiqh is appropriate. Keyword: Ushul fiqh, Nu’man Djaghiem, renewal
The purpose of this research is to find out the traditional heritage of the Lampung community in ... more The purpose of this research is to find out the traditional heritage of the Lampung community in a sociological review of law and to reveal some of the concepts of Lampung's customary inheritance that occur in the community which has become a habit to date in Islamic law and legal sociology. This study uses the method of literature (library research) or qualitative, the approach used is a normative approach. The results of this study are gifts, namely giving offerings to the bride to buy household furniture to be brought during the wedding ceremony procession where the cost of purchasing these items is from the money given by the man where in determining the woman's family determines according to the ability of the man and the majority mostly based on social class or in other terms the gift is given by the parents or relatives of the bride, the gift can be postponed or promised by the relatives of the bride during the wedding ceremony. Sociological review of law, the people of Lampung are used to this concept of surrender, and if something is not according to custom, there will be no social sanctions in society, but the community will discuss it. Therefore, look for a partner who is kafa'ah so that there is no social gap. Keyword: Legal sociology, delivery money
This research addresses the complexity of crime in the business world with a focus on the issues ... more This research addresses the complexity of crime in the business world with a focus on the issues of business fraud, money laundering, and intellectual property rights (IPR) violations. The research method used is a literature study, which allows for in-depth understanding without involving primary data collsection. In addressing business fraud, the literature analysis leads to preventive strategies that can be implemented, highlighting the need for strong governance and more effective oversight. Money laundering, as a global challenge, was analyzed through the literature to identify the necessary regulatory framework and cross-border collaborative strategies. On the IPR infringement side, the literature study addressed copyright, trademark, and patent issues in the business context. This analysis helps identify protection policies that can be implemented to support innovation and creativity without overriding the legal aspects. Overall, this research presents a theoretical foundation and conceptual understanding of criminal issues in the business world. The implications of the findings of this literature can help formulate practical measures and policies to mitigate criminal risks and create a business environment with integrity. Keywords: Criminal, business, fraud, offense.
Penelitian ini bertujuan untuk menganalisis hukum aborsi bagi ibu dan janin yang cacat genetik da... more Penelitian ini bertujuan untuk menganalisis hukum aborsi bagi ibu dan janin yang cacat genetik dalam perspektif fiqih kontemporer. Metode penelitian digunakan ialah metode penelitian kualitatif, yakni untuk menjelaskan dan menganalisis fenomena individu atau kelompok, peristiwa, dinamika sosial, sikap, keyakinan, dan persepsi. Hasil penelitian menunjukkan bahwa hukum aborsi bagi ibu dan janin yang cacat genetik, ialah haram, kecuali dalam kondisi darurat, seperti alasan medis: terancamnya nyawa ibu apabila tidak dilakukan aborsi, atau kondisi terpaksa melakukan aborsi seperti kasus perkosaan yang boleh dilakukan apabila usia janin belum mencapai 120 hari. Sesuai dengan pertimbangan medis, ulama, dan keluarga. Dalam hal ini, penulis sepakat dengan fatwa Majelis Ulama Indonesia. Namun pelaksanaanya harus disegerakan setelah diketahui terjadi KTD dan setelah melalui pertimbangan psikiater dan tenaga medis yang kompeten, agar proses aborsi bisa dilakukan sebelum usia kehamilan 8 minggu atau sebelum janin berusia 6 minggu (42 hari). Kata kunci: Aborsi, cacat genetik, fiqih kontemporer ABSTRACT This research aims to analyze abortion law for mothers and fetuses with genetic defects from the perspective of contemporary jurisprudence. The research method used is a qualitative research method, namely to explain and analyze individual or group phenomena, events, social dynamics, attitudes, beliefs and perceptions. The results of the research show that the law on abortion for mothers and fetuses with genetic defects is haram, except in emergency situations, such as medical reasons: the mother's life is threatened if an abortion is not carried out, or conditions where an abortion is forced, such as cases of rape, which may be carried out if the fetus has not reached the age of 120 days. In accordance with medical, religious and family considerations. In this case, the author agrees with the fatwa of the Indonesian Ulema Council. However, the implementation must be hastened after it is discovered that an adverse event has occurred and after consideration by a psychiatrist and competent medical personnel, so that the abortion process can be carried out before 8 weeks of gestation or before the fetus is 6 weeks (42 days) old.
Intellectual property is a right given to the results of human thought in creating and discoverin... more Intellectual property is a right given to the results of human thought in creating and discovering products, services or processes that are useful for society. This research shows that the industrial revolution 4.0 is currently affecting intellectual property which not only creates opportunities but also challenges. This industrial revolution presents challenges in legal protection regarding one's intellectual property, because many irresponsible people can easily imitate or use someone's intellectual property without permission. However, increasingly sophisticated technology also provides opportunities for creators or inventors to increase their creativity and the role of intellectual property in industrial technology innovation in the industrial revolution 4.0 era can be seen from three perspectives, namely intellectual property and technological innovation, intellectual property and protection of technological innovation and intellectual property and added value for technological innovation. Keywords: Intellectual property, technology, industrial revolution 4.0
The purpose of this study is to find out the development of national law in resolving criminal ca... more The purpose of this study is to find out the development of national law in resolving criminal cases for law enforcement officials, both police and prosecutors, and prefer not to prolong the case process and instead invite victims and perpetrators of crimes to resolve them through non-litigation, namely deliberation. The research method used in this study is a qualitative method with data collection techniques through library research. The results of the findings of this study, namely, first, the emergence of restorative justice with the existence of a theory of retributive or retaliation in criminal law according to some experts argues that the theory of retaliation is basically not very successful in suppressing the occurrence of crimes and even worse is unable to repair the losses suffered by victims. Second, the settlement of criminal acts through a restorative approach in terms of benefit theory can be said that a conflict or damage arising from a crime is a conflict. And third, the development of criminal law in solving non-litigation issues is also known as the penal mediation system. The application of criminal law practice, penal mediation is considered a derivative of restorative justice, because there is no need to carry out criminal law through the courts. Keywords: Restorative Justice, Justice and Criminal Law
Cannabis is a plant with medicinal properties. In Islam, the use of plants as medicine is allowed... more Cannabis is a plant with medicinal properties. In Islam, the use of plants as medicine is allowed. However, Law Number 35 of 2009 concerning Narcotics prohibits the use of marijuana in Indonesia. An example from Indonesia can be found in Aceh, where cannabis is a thriving plant. Not surprisingly, many marijuana fields or plantations were found and destroyed by the police, TNI, and BNN. For hundreds of years, Indonesian people have also produced marijuana for various needs. Cannabis is used as a ritual ingredient, herbal medicine, including in traditional cuisine. In 1976, President Suharto passed an anti-drug law that banned or illegally used marijuana in Indonesia. It would be dangerous to lose memory of the long history of human civilization, because this historical sequence also records the pattern of how humans should interact with nature. Based on existing regulations, there is actually room for cannabis research through legal mechanisms with strict and careful supervision so that it can be evaluated scientifically or academically for the benefit of medical marijuana based on the principles contained in the Act. The number of studies on the benefits of the cannabis plant has led to a new debate between its therapeutic benefits and criminal sanctions that apply in Indonesia. Therefore, in Sharia law, various problem solving methods can be used to solve existing problems. Keywords: Marijuana, narcotics, medicinal plants
This purpose research is to find out how the study according to the law regarding the Premarital ... more This purpose research is to find out how the study according to the law regarding the Premarital Trial, then the premarital hearing procedure at the West Seram Police Station, and the relation between the Premarital Trial and the professionalism of the Police in building precision. The research methodology used is qualitative research. This research is also a type of field research with an analytical descriptive approach. This research succeeded in photographing the relationship between the marriage law and regulations within the police, namely regulation number 9 of 2010 which was later refined by regulation number 6 of 2018, that the prenuptial trial is not contradictory because in KUA there is also premarital coaching even though it has similarities but material reinforcement is different. Meanwhile, the pre-marriage trial procedure is in accordance with rule number 9 of 2010 which must be completed with requirements for every prospective bride of the police station. Departing from this process, the relationship between pre-marital hearings and professionalism can be achieved. Because the material of the premarital hearing in principle strengthens every member of the police is able to take full responsibility both for his institution and family. Keywords: Premarital Trial, household, professionalism
As a reformist or reformer movement, Muhammadiyah has an agenda to create a new, modern and ratio... more As a reformist or reformer movement, Muhammadiyah has an agenda to create a new, modern and rational Muslim society, or in Ahmad Dahlan's language it is called a progressive Muslim society. This expression contains a signal of the emergence of a new society, including women who are different from the existing figures. There were three contested gender constructions in the early days of Muhammadiyah's founding, namely colonial, priyayi, and merchants with urban santri backgrounds. These three constructions have an influence, both absorbed (received) and neglected (abandoned), on Muhammadiyah's gender construction process. The women's movement in the Muhammadiyah organization is now continuing to spread to all regions in Indonesia. Not only is it growing rapidly in the western region, the women's movement in this organization has also spread to the eastern region of Indonesia, namely in Maluku Province, especially in Ambon City. This can be seen from the participation of Muhammadiyah figures in Ambon City in efforts to empower women through semi-autonomous Muhammadiyah institutions namely 'Aisyiah and Naisyiatul Aisyiah. Muhammadiyah pluralism is Muhammadiyah which is a place of interaction between various groups who respect each other. Muhammadiyah is open and accepts differences as sunnatullah. Keywords: Construction, Muhammadiyah ijtihad, contemporary problems
This research is based on the idea that the problem of the legal status of a wife who has lost he... more This research is based on the idea that the problem of the legal status of a wife who has lost her husband is a problem that is not clearly expressed in the Koran. Therefore, in resolving this problem, we must seek the opinions of the mujtahids. Imam Syafi'i and Ibn Qudamah are mujtahids of different generations who have their own method of ijtihad in establishing a law, in this case the legal status of the wife who has lost her husband. The results of the analysis show that Imam Syafi'i used a hadith from Ali ra. as a legal basis. Meanwhile, Ibn Qudamah used the fatwa of a friend as a legal basis, namely the opinion of Umar ra. Regarding the wife who lost her husband. The istinbath method used by Imam Syafi'i is to use the dalalat nash mantuq ghair sharih approach and the hadith from Ali ra. Meanwhile, Ibn Qudamah used the fatwa of Umar's friend ra. This difference is due to the difference between the two Imams in using legal arguments. Thus it can be concluded that differences of opinion and differences in the use of the argument in the istinbath method are factors that influence the differences in opinion of Imam Syafi'i and Ibn Qudamah in determining the legal status of the wife because of the missing husband Keyword: Mafqud, legal status, the istinbath method
finding solutions to family conflicts. The social context in the Bugis community reflects the com... more finding solutions to family conflicts. The social context in the Bugis community reflects the complexity of social dynamics, thus requiring the application of al-islah in Islamic law and sibaliperri cultural wisdom. Optimizing tudang sipulung in the Bugis community is believed to be one of the most effective systems for maintaining marital harmony, especially in resolving conflicts between husband and wife so that households are more durable and resistant.
The process of land ownership in Liang Country mostly comes from inheritance from parents and als... more The process of land ownership in Liang Country mostly comes from inheritance from parents and also from land buying and selling. However, there are also those who get empty land that is known to have no owner and then use it as their property (parusa). The resolution of conflicts over customary land rights in the Liang State tourist attraction is to restore socio-cultural harmony. Customary rights are the authority according to customary law that customary law communities have over certain areas which constitute the living environment of their residents to take advantage of natural resources including land within the area. From a sociological perspective, disputes in the land sector can give rise to prolonged conflicts between members of the disputing community, even to their heirs, which can result in many victims. Key words: enforcement, customary land, legal sociology
Facts show that some people currently give inherited assets to endow or give to heirs who care fo... more Facts show that some people currently give inherited assets to endow or give to heirs who care for their parents. This is because the heir who takes care of his parents needs it more or finds it more difficult to care for his parents, so that in the view of other heirs, the heir who takes care of his parents is more entitled to receive all the inheritance. Giving inheritance assets to heirs who care for their parents seems to be contrary to the provisions of the Al-Qur'an verse which stipulates that inheritance must be divided according to the provisions in the Al-Qur'an and/or hadith. This research aims to review the interpretation of Al-Qur'an verses regarding inheritance using normative descriptive methodology and a hermeneutic approach as a model of interpretation. It is hoped that this research will be able to contribute to Islamic legal thoughts which continue to experience changes both in the pattern of goals and/or socio-culture, especially the law regarding al-Mu'amalah al-Insaniah
The distribution of inheritance in the Riau Malay traditional tribe, especially in the Pelalawan ... more The distribution of inheritance in the Riau Malay traditional tribe, especially in the Pelalawan Regency area, has an inheritance distribution system adapted from Islamic law. The distribution of inheritance in Malay customs uses the concept of gender-equitable distribution, where both men and women receive equal shares of inheritance through mutual consensus between the recipients of the inheritance in front of the traditional leader. The research method in this article uses qualitative methods and juridical analysis based on the iCompilation of Islamic Law. Key words: Inheritance, Malay customs, legal basis
Implementing the Kacar Kucur custom in the context of Javanese weddings, which is a tradition pas... more Implementing the Kacar Kucur custom in the context of Javanese weddings, which is a tradition passed down from generation to generation with deep meaning. This custom involves the groom pouring grains, spices, and coins into the bride's lap, symbolizing the husband's responsibilities and symbolizing affection. The philosophical values contained in the process include protection, calm and respect between husband and wife, as well as the important role of parents in guiding the bridal couple. In the perspective of al-'adah al-muhakkamah, kacar kucur is considered not to conflict with Islamic law, so its existence is maintained in modern society. This research emphasizes that the Kacar Kucur custom is not just a tradition, but also reflects spiritual values, namely those contained in the Al-Qur'an, Surah An-Nisa' verse 34, that "Men (husbands) are the guardians of every woman ( wives) because Allah has enlarged their majority (men) over the majority of others (women) and because of that they (men) have spent some of their wealth.
Keywords: philosophy, kacar kucur, javanese customs, al-'adah al-muhakkamah
The construction of Islamic economic jurisprudence is based on three pillars which are a special ... more The construction of Islamic economic jurisprudence is based on three pillars which are a special typology for it and are one part of the universality of Islamic sharia, namely the pillars of al taisiir (convenience), al taghoyyur (dynamic), and al waqi'i (realistic). These three pillars can become material for consideration and objects of fiqh reasoning as one of the tools of ijtihad on a local economic/muamalat scale by fuqoha who are economists or fuqoha and economists who synergize in formulating concepts and institutions. Sharia-based economic values have actually been touched upon by revelation as a basis of reference in Islam and then formulated within the framework of ijtihad by Islamic scientists, starting from the era of the Companions of to Al-Syatibi which were immortalized in their works, even though they are still thoughts. Generally, Islamic economic thought is divided into three, namely the classical Islamic economic school which has a legalistic and normative genre (pure fiqh) and has not yet entered the practical realm in the field as a standard economic concept and regulation in a significant way. Second, the Islamic economics school which seeks to interpret revelations in the context of developments of the times, and thirdly, the Islamic economics school which is oriented towards western schools (Europe and America) whose concepts and thoughts are expressed in two central figures of modern Muslim economists from different schools, namely Umar Chapra and east of Kuran. Keywords: Economic jurisprudence construction, Islamic economic school, revelation, jurisprudential reason
Fakta menunjukkan, bahwa sebagian masyarakat saat ini memberikan harta warisan untuk diwakafkan a... more Fakta menunjukkan, bahwa sebagian masyarakat saat ini memberikan harta warisan untuk diwakafkan atau diberikan kepada ahli waris yang merawat orang tua. Hal itu dikarenakan ahli waris yang merawat orang tua lebih membutuhkan atau ia lebih merasakan kesulitan merawat orang tua, sehingga dalam pandangan ahli waris lain, ahli waris yang merawat orang tua lebih berhak mendapat semua harta warisan. Pemberian harta waris kepada ahli waris yang merawat orang tua seolah bertolak belakang dengan ketentuan ayat Al-Qur'an yang menetapkan warisan harus dibagi sesuai ketentuan dalam Al-Qur'an dan atau hadis. Penelitian ini bertujuan untuk menelaah kembali tafsir ayat Al-Qur'an tentang waris dengan menggunakan metodologi deskriptif normatif dan pendekatan hermeneutika sebagai model penafsirannya. Penelitian ini diharapkan mampu berkontribusi terhadap pemikiranpemikiran hukum Islam yang terus mengalami perubahan baik dalam pola tujuan dan ataupun sosiokulturnya, terutama hukum tentang al-Mu'amalah al-Insaniah. Kata kunci: Pembagian warisan, ahli waris, hermeneutika Hasan Hanafi ABSTRACT Facts show that some people currently give inherited assets to endow or give to heirs who care for their parents. This is because the heir who takes care of his parents needs it more or finds it more difficult to care for his parents, so that in the view of other heirs, the heir who takes care of his parents is more entitled to receive all the inheritance. Giving inheritance assets to heirs who care for their parents seems to be contrary to the provisions of the Al-Qur'an verse which stipulates that inheritance must be divided according to the provisions in the Al-Qur'an and/or hadith. This research aims to review the interpretation of Al-Qur'an verses regarding inheritance using normative descriptive methodology and a hermeneutic approach as a model of interpretation. It is hoped that this research will be able to contribute to Islamic legal thoughts which continue to experience changes both in the pattern of goals and/or socio-culture, especially the law regarding al-Mu'amalah al-Insaniah
This research is about marriage guardians for women born less than six months of marriage at Idi ... more This research is about marriage guardians for women born less than six months of marriage at Idi Rayeuk. This research is an empirical study using a sociological approach. However, the theoretical aspects remain put forward. There are three research questions here: First, how is the determination of marriage guardians by marriage officer in Idi Rayeuk for women born less than 6 months in Idi Rayeuk. Second, how is the determination of the six-month period of pregnancy by marriage officer in Idi Rayeuk. Third, what is the legal basis used by marriage officer in Idi Rayeuk in establishing marriage guardians and a six-month period for women born less than six months of marriage. The results showed that the determination of the guardian judge by marriage officer in Idi Rayeuk for women who were born less than six months from the marriage period was a compromise between positive law and the applicable law in the community, namely the Shafi'i school of fiqh, including the compromise between marriage officer in and the public. The family law becomes converted into a living law which is a compromise of some of the rules contained in positive law and the Shafi'i jurisprudence. Theoretically-practically, it is the wali hakim who acts as the guardian for women born less than six months of marriage as in the Shafi'i school of fiqh. Not a biological father. But in recording the name of the guardian, still includes the name of the biological father. Shafi'i Jurisprudence is carried out while still carrying out state rules, namely by recording it on the form containing the name of biological father. Keywords: marriage guardian, woman born less than 6 months, legal guardian
The Koran's comments regarding marriage are explicit in many verses. There are around 104 verses,... more The Koran's comments regarding marriage are explicit in many verses. There are around 104 verses, including the vocabulary of marriage which is repeated 23 times and the word zauwj which is repeated 80 times. An in-depth review of all the marriage scriptures lays out the five principles of marriage. First, the principle of mawadah wa rahmah. Second, the principle of monogamy. Third, the principle of mu'āsyarah bil-ma'rūf (polite communication). Fourth, the principle of mutual enhancement and protection in interpersonal relationships and sexuality. Fifth, the principle of determining partners for prospective brides and grooms. Society believes that women do not have full rights in matters of marriage, so choosing a partner must be left to their parents. Selection of a partner as one of the principles of marriage often conflicts with the right of ijbar held by the guardian. This ultimately became the focus in Islam, a woman's right to decide on a partner is the sole right of her parents, not the right to decide on a partner. The claim that has developed so far is that mujbir guardians are parents who claim that their children were married off by their parents' choice, or better known as "forced marriage". This paper aims to analyze the use of KH Husein Muhammad's socio-historical approach in the form of the mashlahah concept in Fiqh/Usul Fiqh with the aim of reaching a middle point between the differences. Keywords: marriage, guardian mujbir, legal istbat
Organ transplantation has become one of the most meaningful solutions in modern medicine. The iss... more Organ transplantation has become one of the most meaningful solutions in modern medicine. The issue of organ transplantation has given rise to new problems, so it has become one of the most sensitive debates in the medical and religious worlds. The increasing number of patients requiring transplants, organ rejection, post-transplant complications, and the risks that may arise from transplantation have raised questions about the legal and ethical ethics of using this technology. On the other hand, the current development of science and technology in the medical field also triggers various kinds of legal problems, where it is required to be more flexible and applicable in its implementation, not being shackled into a rigid legal system. The ijtihad method used is the istislahi method using the Manhaji approach. The results of this ijtihad confirm that a person may not give or sell organs and/or body tissues to other people because the organs are not proprietary (haqqul milki) for that reason, taking and transplanting organs without any reason justified by syar'i is unlawful. Keywords: Transplant, MUI fatwa
The renewal of ushul fiqh has become one of the factual topics in the study of modern Islamic tre... more The renewal of ushul fiqh has become one of the factual topics in the study of modern Islamic treasures. The demands of the progress of the times and the increasingly complex problems in Muslim society today require a new answer to the problems that arise. Even so, efforts to renew the discipline of Ushul Fiqh can be carried out if the public is aware of the phenomenon of stagnation of traditional fiqh, that ushul fiqh can be renewed. It is this strong will and awareness that can actually be built if people realize the need for reform of religious thought and practice it on a large scale. There have been many Muslim scholars who have proposed renewal in the discipline of ushul fiqh, which is solely for one purpose, namely; shows that religion can be used to solve everyday problems. Nu'man Djahiem, is a figure from Malaysia who deserves appreciation in the field of renewal of Ushul Fiqh. Brilliant ideas and practical solutions seem to have entered the paradigm of Indonesian Islamic thought, especially the reformation paradigm of ushul fiqh which is still stagnant. Nu'man Djaheim has the same view, regarding the reformulation of Ushul fiqh that has been produced by the previous ulama'. So that Usul fiqh can be more developed and adaptive to various new problems. Nu'man Djahiem's renewal offer, namely:i'ādah ṣiyāghatihi bi uslūb manhaji, formulating fiqh proposals as a method or tool that is always used. Second, Ar-rabṭ bayna qaḍāya 'ilm al-uṣūl wa 'ilm uṣūl al-qānūn. Linking and integrating the science of usul fiqh with the science of legislation. Third, Istifādah min 'ulūm al-'aql allati tajarradat wa taṭawwara. Making this renewal according to the character of the science of ushul fiqh is appropriate. Keyword: Ushul fiqh, Nu’man Djaghiem, renewal
The purpose of this research is to find out the traditional heritage of the Lampung community in ... more The purpose of this research is to find out the traditional heritage of the Lampung community in a sociological review of law and to reveal some of the concepts of Lampung's customary inheritance that occur in the community which has become a habit to date in Islamic law and legal sociology. This study uses the method of literature (library research) or qualitative, the approach used is a normative approach. The results of this study are gifts, namely giving offerings to the bride to buy household furniture to be brought during the wedding ceremony procession where the cost of purchasing these items is from the money given by the man where in determining the woman's family determines according to the ability of the man and the majority mostly based on social class or in other terms the gift is given by the parents or relatives of the bride, the gift can be postponed or promised by the relatives of the bride during the wedding ceremony. Sociological review of law, the people of Lampung are used to this concept of surrender, and if something is not according to custom, there will be no social sanctions in society, but the community will discuss it. Therefore, look for a partner who is kafa'ah so that there is no social gap. Keyword: Legal sociology, delivery money
This research addresses the complexity of crime in the business world with a focus on the issues ... more This research addresses the complexity of crime in the business world with a focus on the issues of business fraud, money laundering, and intellectual property rights (IPR) violations. The research method used is a literature study, which allows for in-depth understanding without involving primary data collsection. In addressing business fraud, the literature analysis leads to preventive strategies that can be implemented, highlighting the need for strong governance and more effective oversight. Money laundering, as a global challenge, was analyzed through the literature to identify the necessary regulatory framework and cross-border collaborative strategies. On the IPR infringement side, the literature study addressed copyright, trademark, and patent issues in the business context. This analysis helps identify protection policies that can be implemented to support innovation and creativity without overriding the legal aspects. Overall, this research presents a theoretical foundation and conceptual understanding of criminal issues in the business world. The implications of the findings of this literature can help formulate practical measures and policies to mitigate criminal risks and create a business environment with integrity. Keywords: Criminal, business, fraud, offense.
Penelitian ini bertujuan untuk menganalisis hukum aborsi bagi ibu dan janin yang cacat genetik da... more Penelitian ini bertujuan untuk menganalisis hukum aborsi bagi ibu dan janin yang cacat genetik dalam perspektif fiqih kontemporer. Metode penelitian digunakan ialah metode penelitian kualitatif, yakni untuk menjelaskan dan menganalisis fenomena individu atau kelompok, peristiwa, dinamika sosial, sikap, keyakinan, dan persepsi. Hasil penelitian menunjukkan bahwa hukum aborsi bagi ibu dan janin yang cacat genetik, ialah haram, kecuali dalam kondisi darurat, seperti alasan medis: terancamnya nyawa ibu apabila tidak dilakukan aborsi, atau kondisi terpaksa melakukan aborsi seperti kasus perkosaan yang boleh dilakukan apabila usia janin belum mencapai 120 hari. Sesuai dengan pertimbangan medis, ulama, dan keluarga. Dalam hal ini, penulis sepakat dengan fatwa Majelis Ulama Indonesia. Namun pelaksanaanya harus disegerakan setelah diketahui terjadi KTD dan setelah melalui pertimbangan psikiater dan tenaga medis yang kompeten, agar proses aborsi bisa dilakukan sebelum usia kehamilan 8 minggu atau sebelum janin berusia 6 minggu (42 hari). Kata kunci: Aborsi, cacat genetik, fiqih kontemporer ABSTRACT This research aims to analyze abortion law for mothers and fetuses with genetic defects from the perspective of contemporary jurisprudence. The research method used is a qualitative research method, namely to explain and analyze individual or group phenomena, events, social dynamics, attitudes, beliefs and perceptions. The results of the research show that the law on abortion for mothers and fetuses with genetic defects is haram, except in emergency situations, such as medical reasons: the mother's life is threatened if an abortion is not carried out, or conditions where an abortion is forced, such as cases of rape, which may be carried out if the fetus has not reached the age of 120 days. In accordance with medical, religious and family considerations. In this case, the author agrees with the fatwa of the Indonesian Ulema Council. However, the implementation must be hastened after it is discovered that an adverse event has occurred and after consideration by a psychiatrist and competent medical personnel, so that the abortion process can be carried out before 8 weeks of gestation or before the fetus is 6 weeks (42 days) old.
Intellectual property is a right given to the results of human thought in creating and discoverin... more Intellectual property is a right given to the results of human thought in creating and discovering products, services or processes that are useful for society. This research shows that the industrial revolution 4.0 is currently affecting intellectual property which not only creates opportunities but also challenges. This industrial revolution presents challenges in legal protection regarding one's intellectual property, because many irresponsible people can easily imitate or use someone's intellectual property without permission. However, increasingly sophisticated technology also provides opportunities for creators or inventors to increase their creativity and the role of intellectual property in industrial technology innovation in the industrial revolution 4.0 era can be seen from three perspectives, namely intellectual property and technological innovation, intellectual property and protection of technological innovation and intellectual property and added value for technological innovation. Keywords: Intellectual property, technology, industrial revolution 4.0
The purpose of this study is to find out the development of national law in resolving criminal ca... more The purpose of this study is to find out the development of national law in resolving criminal cases for law enforcement officials, both police and prosecutors, and prefer not to prolong the case process and instead invite victims and perpetrators of crimes to resolve them through non-litigation, namely deliberation. The research method used in this study is a qualitative method with data collection techniques through library research. The results of the findings of this study, namely, first, the emergence of restorative justice with the existence of a theory of retributive or retaliation in criminal law according to some experts argues that the theory of retaliation is basically not very successful in suppressing the occurrence of crimes and even worse is unable to repair the losses suffered by victims. Second, the settlement of criminal acts through a restorative approach in terms of benefit theory can be said that a conflict or damage arising from a crime is a conflict. And third, the development of criminal law in solving non-litigation issues is also known as the penal mediation system. The application of criminal law practice, penal mediation is considered a derivative of restorative justice, because there is no need to carry out criminal law through the courts. Keywords: Restorative Justice, Justice and Criminal Law
Cannabis is a plant with medicinal properties. In Islam, the use of plants as medicine is allowed... more Cannabis is a plant with medicinal properties. In Islam, the use of plants as medicine is allowed. However, Law Number 35 of 2009 concerning Narcotics prohibits the use of marijuana in Indonesia. An example from Indonesia can be found in Aceh, where cannabis is a thriving plant. Not surprisingly, many marijuana fields or plantations were found and destroyed by the police, TNI, and BNN. For hundreds of years, Indonesian people have also produced marijuana for various needs. Cannabis is used as a ritual ingredient, herbal medicine, including in traditional cuisine. In 1976, President Suharto passed an anti-drug law that banned or illegally used marijuana in Indonesia. It would be dangerous to lose memory of the long history of human civilization, because this historical sequence also records the pattern of how humans should interact with nature. Based on existing regulations, there is actually room for cannabis research through legal mechanisms with strict and careful supervision so that it can be evaluated scientifically or academically for the benefit of medical marijuana based on the principles contained in the Act. The number of studies on the benefits of the cannabis plant has led to a new debate between its therapeutic benefits and criminal sanctions that apply in Indonesia. Therefore, in Sharia law, various problem solving methods can be used to solve existing problems. Keywords: Marijuana, narcotics, medicinal plants
This purpose research is to find out how the study according to the law regarding the Premarital ... more This purpose research is to find out how the study according to the law regarding the Premarital Trial, then the premarital hearing procedure at the West Seram Police Station, and the relation between the Premarital Trial and the professionalism of the Police in building precision. The research methodology used is qualitative research. This research is also a type of field research with an analytical descriptive approach. This research succeeded in photographing the relationship between the marriage law and regulations within the police, namely regulation number 9 of 2010 which was later refined by regulation number 6 of 2018, that the prenuptial trial is not contradictory because in KUA there is also premarital coaching even though it has similarities but material reinforcement is different. Meanwhile, the pre-marriage trial procedure is in accordance with rule number 9 of 2010 which must be completed with requirements for every prospective bride of the police station. Departing from this process, the relationship between pre-marital hearings and professionalism can be achieved. Because the material of the premarital hearing in principle strengthens every member of the police is able to take full responsibility both for his institution and family. Keywords: Premarital Trial, household, professionalism
As a reformist or reformer movement, Muhammadiyah has an agenda to create a new, modern and ratio... more As a reformist or reformer movement, Muhammadiyah has an agenda to create a new, modern and rational Muslim society, or in Ahmad Dahlan's language it is called a progressive Muslim society. This expression contains a signal of the emergence of a new society, including women who are different from the existing figures. There were three contested gender constructions in the early days of Muhammadiyah's founding, namely colonial, priyayi, and merchants with urban santri backgrounds. These three constructions have an influence, both absorbed (received) and neglected (abandoned), on Muhammadiyah's gender construction process. The women's movement in the Muhammadiyah organization is now continuing to spread to all regions in Indonesia. Not only is it growing rapidly in the western region, the women's movement in this organization has also spread to the eastern region of Indonesia, namely in Maluku Province, especially in Ambon City. This can be seen from the participation of Muhammadiyah figures in Ambon City in efforts to empower women through semi-autonomous Muhammadiyah institutions namely 'Aisyiah and Naisyiatul Aisyiah. Muhammadiyah pluralism is Muhammadiyah which is a place of interaction between various groups who respect each other. Muhammadiyah is open and accepts differences as sunnatullah. Keywords: Construction, Muhammadiyah ijtihad, contemporary problems
This research is based on the idea that the problem of the legal status of a wife who has lost he... more This research is based on the idea that the problem of the legal status of a wife who has lost her husband is a problem that is not clearly expressed in the Koran. Therefore, in resolving this problem, we must seek the opinions of the mujtahids. Imam Syafi'i and Ibn Qudamah are mujtahids of different generations who have their own method of ijtihad in establishing a law, in this case the legal status of the wife who has lost her husband. The results of the analysis show that Imam Syafi'i used a hadith from Ali ra. as a legal basis. Meanwhile, Ibn Qudamah used the fatwa of a friend as a legal basis, namely the opinion of Umar ra. Regarding the wife who lost her husband. The istinbath method used by Imam Syafi'i is to use the dalalat nash mantuq ghair sharih approach and the hadith from Ali ra. Meanwhile, Ibn Qudamah used the fatwa of Umar's friend ra. This difference is due to the difference between the two Imams in using legal arguments. Thus it can be concluded that differences of opinion and differences in the use of the argument in the istinbath method are factors that influence the differences in opinion of Imam Syafi'i and Ibn Qudamah in determining the legal status of the wife because of the missing husband Keyword: Mafqud, legal status, the istinbath method
finding solutions to family conflicts. The social context in the Bugis community reflects the com... more finding solutions to family conflicts. The social context in the Bugis community reflects the complexity of social dynamics, thus requiring the application of al-islah in Islamic law and sibaliperri cultural wisdom. Optimizing tudang sipulung in the Bugis community is believed to be one of the most effective systems for maintaining marital harmony, especially in resolving conflicts between husband and wife so that households are more durable and resistant.
The process of land ownership in Liang Country mostly comes from inheritance from parents and als... more The process of land ownership in Liang Country mostly comes from inheritance from parents and also from land buying and selling. However, there are also those who get empty land that is known to have no owner and then use it as their property (parusa). The resolution of conflicts over customary land rights in the Liang State tourist attraction is to restore socio-cultural harmony. Customary rights are the authority according to customary law that customary law communities have over certain areas which constitute the living environment of their residents to take advantage of natural resources including land within the area. From a sociological perspective, disputes in the land sector can give rise to prolonged conflicts between members of the disputing community, even to their heirs, which can result in many victims. Key words: enforcement, customary land, legal sociology
Uploads
Papers by Jurnal Tahkim
Key words: Inheritance, Malay customs, legal basis
Keywords: philosophy, kacar kucur, javanese customs, al-'adah al-muhakkamah
Keywords: Economic jurisprudence construction, Islamic economic school, revelation, jurisprudential reason
Keywords: marriage guardian, woman born less than 6 months, legal guardian
Keywords: marriage, guardian mujbir, legal istbat
Keywords: Transplant, MUI fatwa
Keyword: Ushul fiqh, Nu’man Djaghiem, renewal
Keyword: Legal sociology, delivery money
Keywords: Criminal, business, fraud, offense.
Keywords: Intellectual property, technology, industrial revolution 4.0
Keywords: Restorative Justice, Justice and Criminal Law
Keywords: Marijuana, narcotics, medicinal plants
Keywords: Premarital Trial, household, professionalism
Keywords: Construction, Muhammadiyah ijtihad, contemporary problems
Thus it can be concluded that differences of opinion and differences in the use of the argument in the istinbath method are factors that influence the differences in opinion of Imam Syafi'i and Ibn Qudamah in determining the legal status of the wife because of the missing husband
Keyword: Mafqud, legal status, the istinbath method
Key words: enforcement, customary land, legal sociology
Key words: Inheritance, Malay customs, legal basis
Keywords: philosophy, kacar kucur, javanese customs, al-'adah al-muhakkamah
Keywords: Economic jurisprudence construction, Islamic economic school, revelation, jurisprudential reason
Keywords: marriage guardian, woman born less than 6 months, legal guardian
Keywords: marriage, guardian mujbir, legal istbat
Keywords: Transplant, MUI fatwa
Keyword: Ushul fiqh, Nu’man Djaghiem, renewal
Keyword: Legal sociology, delivery money
Keywords: Criminal, business, fraud, offense.
Keywords: Intellectual property, technology, industrial revolution 4.0
Keywords: Restorative Justice, Justice and Criminal Law
Keywords: Marijuana, narcotics, medicinal plants
Keywords: Premarital Trial, household, professionalism
Keywords: Construction, Muhammadiyah ijtihad, contemporary problems
Thus it can be concluded that differences of opinion and differences in the use of the argument in the istinbath method are factors that influence the differences in opinion of Imam Syafi'i and Ibn Qudamah in determining the legal status of the wife because of the missing husband
Keyword: Mafqud, legal status, the istinbath method
Key words: enforcement, customary land, legal sociology