al-Rasῑkh: Jurnal Hukum Islam

A LEGAL ANALYSIS OF THE CILOK KAYI TRADITION IN MUKOMUKO

Revalysa Zovi Nurjannah, Jufrizal Jufrizal — Wed, 04 Sep 2024 00:00:00 +0000

This article discusses the ‘Urf Review of Cilok Kayi in Mukomuko Regency, Bengkulu This type of research uses a descriptive method with a qualitative approach so that it can find out directly the implementation of the tradition. While research data collection is carried out by means of observation, interviews and documentation obtained directly from sources related to the research, in this case the informants consist of religious leaders, traditional leaders, and some of the Mukomuko community. The research suggests that Cilok Kayi, a community tradition related to food or local customs, may not be considered ‘Urf fasid in Islamic law. However, if customary sanctions are imposed for non-observance, the tradition may be considered ‘Urf fasid, potentially violating the principles of freedom and justice. The study emphasizes the importance of considering the social, cultural, and religious context when assessing the legal status of a tradition in Islam, particularly in the case of ‘Urf fasid.

STATUS DAN KEDUDUKAN WALI DALAM PERNIKAHAN TERHADAP ANAK HASIL ZINA MENURUT PERSPEKTIF MADZHAB SYAFI’I DAN KUHPERDATA

Arif Rahman — Wed, 04 Sep 2024 00:00:00 +0000

This study aims to analyze the status and position of guardians in the marriage of children resulting from adultery from the perspective of the Syafi'i School of Law and the Civil Code (KUHPerdata). Marriage is one of the important institutions in Islam, with guardians playing a key role in determining the validity of a marriage. However, the status of children resulting from adultery who are not recognized as legitimate descendants by their biological fathers raises questions about who has the right to be a guardian in the child's marriage. This study uses a qualitative research method with a library research approach, reviewing various literature and related books to understand the position of guardians in the marriage of children resulting from adultery. The results of the study show that according to the Syafi'i School of Law, children resulting from adultery do not have a guardian from the father's lineage, so the judge guardian becomes the legal guardian in their marriage. Meanwhile, in the Civil Code, children resulting from adultery only have a civil relationship with their mother and her family. This analysis highlights the important role of guardians in protecting children's rights and ensuring the validity of marriage, as well as the differences in views between Islamic law and the Civil Code in determining guardians for children resulting from adultery. Thus, this research is expected to provide a more comprehensive understanding of legal protection for children resulting from adultery in the context of marriage.

PERAN TIM PAAREDI (POLA ASUH ANAK DAN REMAJA DI ERA DIGITAL) DALAM PERSPEKTIF HUKUM ISLAM

Riski Hariyadi, Fuad Hasim, Tita Yuliawati, Nerisma Eka Putri — Tue, 24 Sep 2024 00:00:00 +0000

Family Welfare Empowerment (PKK) is a community organization that empowers women to participate in Indonesia's development. PKK has been regulated in Presidential Regulation No. 99/2017 on the Family Empowerment and Welfare Movement. One of the PKK priority programs is parenting children and adolescents. PPK Rambah village, Tanah Tumbuh sub-district, Bungo district has a flagship program, namely Parenting Children and Youth in the Digital Age (PAAREDI). In Rambah village, there is a PAAREDI structure consisting of the chairman, secretary, treasurer, membership field, socialization and communication field, education field, and talent and character field. The membership field is responsible for bookkeeping data on children aged 0-6 years, 7-12 years and 13-18 years. The socialization field is in charge of arranging counseling schedules, finding resource persons, and sharing activities and materials on social media. The education sector is tasked with providing material on religion, pkbn, kdrt, pornography, hiv and the dangers of drugs. Then the field of talent and character is in charge of assisting children's interests and talents, as well as the formation of children's character in the family, fellow friends and society. In Islam, the role of the PAAREDI team in Rambah Village is in line with the objectives of maqashid shari'ah, namely hifz din, hifz nafs, hifz 'aql, hifz nasl, and hifz mal.

IMPLEMENTASI ISBAT NIKAH MASSAL DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM

Achmad Alfan Kurniawan, Aulia Rahmadhani — Tue, 08 Oct 2024 00:00:00 +0000

Marriage, as stipulated by laws and regulations, requires documentation by an authorized official. Nonetheless, numerous marriages remain unregistered, as observed in Lampihong District, Balangan Regency, South Kalimantan, resulting in some individuals lacking a marriage certificate to validate their union. In response to this issue, KUA officials initiated mass marriage isbat to facilitate the issuance of marriage certificates. This study aims to elucidate the mass marriage isbat in Lampihong District and its relevance to the Compilation of Islamic Law (KHI). Employing an empirical legal research methodology with a case study approach and data were collected through interviews, the findings indicate that mass marriage isbat has been conducted in Lampihong District from 2019 to 2023, involving a total of 218 participants. This initiative aligns with Articles 5, 6, and 7 of the KHI. While these articles do not explicitly outline the procedure, the implementation of mass marriage isbat is deemed permissible and valid, as there are no prohibitions against its collective execution. Participants of the mass marriage isbat reported various advantages, particularly concerning the legitimacy of population administration, the safeguarding of marital rights and responsibilities, and the fulfillment of children’s needs.

TINDAKAN PENGHINAAN SEBAGAI ALASAN PEMAKZULAN WAKIL PRESIDEN TERPILIH PERSPEKTIF UUD 1945 DAN FIQH SIYASAH

Asrudi Asrudi, Fahrica Rosalima — Tue, 08 Oct 2024 00:00:00 +0000

One of the features of the presidential system is the process of presidential impeachment. The impeachment of the president is determined by a majority vote in the People's Consultative Assembly (MPR) proposed by members of the People's Representative Council (DPR) who have previously been tested in the Constitutional Court (MK) with reference to Article 7A of the 1945 Constitution as the reason for the impeachment of the President and/or Vice President. On the other hand, the elected Vice President for 2024 is indicated to have insulted several people over the ownership of the Fufufafa account on Kaskus. Therefore, this paper will explain how the impeachment process is carried out against the elected Vice President from the perspective of the 1945 Constitution and Fiqh Siyasah. The research method used in this paper is the literature study method. From the analysis conducted by the author, the process of impeaching the elected Vice President can be carried out if it is proven that they own the Fufufafa account based on the 1945 Constitution and Fiqh Siyasah. Thus, the results of this research can also help enhance understanding and knowledge about the mechanism of impeachment against the elected Vice President if proven to violate the provisions from the perspective of the 1945 Constitution and Fiqh Siyasah.

LEGALITAS WARIS LINTAS RELIGI PERSPEKTIF YUSUF AL-QARAḌAWĪ DAN ‘ABD ALLĀH AḤMED AL-NA‘ĪM DITINJAU DARI MAQĀṢID SHARĪ‘AH IMAM AL-GHAZĀLĪ

Shaka Danendra Ramadheni, Fahruddin Ali Sabri — Fri, 01 Nov 2024 00:00:00 +0000

Raf‘ al-ḥaraj as an effort to remove hardship from a matter that is considered excessive for the soul, body, or property, either now or in the future. This study emphasizes to find the method of istinbāṭ, the foundation of legal istinbāṭ, and the analysis of the opinion of the legality of cross-religious inheritance of al-Qaraḍawī and al-Na'īm in the corridor of maqāṣid sharī‘ah of Imam al-Ghazālī. This research is a normative legal study with a library research approach to the book Fatwa-Fatwa Kontemporer volume 3 by Yusuf al-Qaraḍawī and the book Dekonstruksi Syari’ah: Wacana Kebebasan Sipil, HAM, dan Hubungan Internasional dalam Islam by ‘Abd Allāh Aḥmed al-Na‘īm. The study found that: first, al-Qaraḍawī uses the legal istinbāṭ approach of qiyās, maṣlaḥah mursalah, and the Hanafi school of thought on the interpretation of the connotation of kafir; while al-Na‘īm chooses to use reverse nasakh. Secondly, state policy and the social context of Muslim minorities influenced al-Qaraḍawī in issuing ijtihad on the legitimacy of inter-religious inheritance, while al-Na‘īm was motivated by the social context of his country and the death of his teacher, Mahmud Taha. In addition, it can be seen that in forming their opinions on the legitimacy of inter-religious inheritance, both figures strongly consider ḥifẓ al-dīn, ḥifẓ al-nafs, and ḥifẓ al-māl. This research is expected to contribute to offering a new perspective on Islamic law in the corridor of societal pluralism through maqāṣid sharī‘ah analysis.

ANALISIS KEDUDUKAN WALI HAKIM SEBAGAI WALI NIKAH PENGGANTI DALAM HUKUM ISLAM PERSPEKTIF MAZHAB SYAFI'I

Hazarul Aswat, Taufik Hidayat — Wed, 13 Nov 2024 00:00:00 +0000

Marriage in Islamic law requires the fulfillment of certain conditions and pillars, including the presence of a guardian (wali) for the marriage. The guardian plays a crucial role in ensuring that the marriage is conducted in accordance with religious guidelines. This study aims to analyze the transition of the role of nasab guardians to that of judicial guardians in marriage practices according to Islamic law, as well as to understand the implications of this transition in the context of contemporary society. The research employs a library research method with a normative approach, exploring literature and references from various sources, including fiqh texts and scholars' opinions. The findings reveal that marriage guardians consist of wali mujbir, who is a nasab guardian, and wali hakim, who acts as a substitute when the nasab guardian is unable to fulfill their duty. The criteria for appointing a wali hakim based on scholarly ijtihad provide flexibility in marriage practices. This research contributes to understanding the dynamics of guardianship in marriage and clarifies the provisions for wali hakim according to the Shafi'i school of thought. The results are expected to serve as a reference and guideline for the community in conducting marriages in accordance with Islamic principles.

PERLINDUNGAN HUKUM TERHADAP HAK ISTRI DAN ANAK PASCA CERAI TALAK

Risanna Aulia Adha Lubis — Mon, 04 Nov 2024 00:00:00 +0000

Divorce cases are something that often occurs due to many factors, this condition causes a consequence where there are rights that must be fulfilled by the ex-husband to the ex-wife and children. This study will discuss the rights of women and children after a legal divorce. These rights are considered necessary to be discussed clearly as in the Indonesian legal system, women's rights are outlined without exception which also include the rights of children from the marriage. These obligations are things that must be fulfilled by the ex-husband after a divorce which has been guaranteed through the formulation of Supreme Court regulations, especially considering that marriage in Indonesia has been regulated in positive law and Islamic law. This study uses a normative legal approach with a type of literature study research based on laws and regulations as a source of literature. The results of this study explain that after a divorce, women's rights, including the right to a living, are guaranteed in the Marriage Law, which is also strengthened by the issuance of Perma Number 3 of 2017. In addition, it is explained that the urgency of legal protection for children, both while still in marriage and after a divorce, is very much needed to minimize the potential for undesirable things, including lack of affection, neglected children, free association, or conversely the inability of children to socialize like children in general.

PENGELOLAAN WAKAF UANG BERKEADILAN SOSIAL: PENGELOLAAN INVESTASI DAN MANFAAT WAKAF UANG MELALUI PEMBIAYAAN MIKRO OLEH BMT

Hasbullah Hilmi — Thu, 28 Nov 2024 00:00:00 +0000

Empowering the poor can be achieved by expanding access to financial institutions and funding. This study explores a financing and business incubation model based on cash waqf through Baitul Mal wa Tamwil (BMT). The research begins with an analysis of cash waqf instruments, regulations, and their implementation in Indonesia, drawing insights from M.A. Mannan's Cash Waqf Certificate and Muhammad Yunus' Grameen Bank concept. BMT, as a unique mikrofinance institution in Indonesia, integrates sosial and economic functions within a single entity. The findings indicate that BMT is an ideal institution for managing cash waqf. Waqf funds are invested in mikro-business financing, with returns allocated for training and business development programs targeting the poor. By synergizing its sosial and economic roles, BMT serves as a strategic solution for sustainable, waqf-based economic empowerment.

PEMBATALAN PERKAWINAN AKIBAT WALI NIKAH TIDAK SAH

Meuthia Raihan, Agustin Hanapi, Aulil Amri — Sat, 30 Nov 2024 00:00:00 +0000

The legal considerations in Decision Number 24/Pdt.G/2020/Ms.Bna do not contain Islamic legal considerations, only referring to the regulations for granting the contents of the posita. This research aims to analyze Decision Number 24/Pdt.G/2020/Ms.Bna in terms of Islamic law which has a verstek decision which grants marriage annulment because the marriage carried out is considered invalid. The research method used is qualitative, namely decision research and literature research using a case approach. After analyzing the decision Number 24/Pdt.G/2020/Ms.Bna, it is relevant to Islamic law. If standard operational procedures at the KUA Baiturrahman District, Banda Aceh City are implemented properly, of course there will be no dispute in this case. The litigants and the community must also be honest and know their lineage well so that no marriage occurs unless it is a marriage approved by Allah Swt.