This paper aims to analyze the value of evidence of quarrels through the whatsapp application in divorce proceedings in court. This research is normative research with a statutory approach. Types and sources of legal materials are primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research that quarrels carried out through the WhatsApp application can be submitted as evidence at trial, however, the value of evidence is not perfect and binding so that other evidence is needed to prove disputes and quarrels that occur continuously as a cause of divorce
{"title":"Value of Evidence of Arguments Via Whatsapp in Divorce Cases in Court","authors":"Hasbuddin Khalid, Jasmaniar Jasmaniar, Andika Prawira Buana","doi":"10.30863/ajmpi.v8i2.4376","DOIUrl":"https://doi.org/10.30863/ajmpi.v8i2.4376","url":null,"abstract":"This paper aims to analyze the value of evidence of quarrels through the whatsapp application in divorce proceedings in court. This research is normative research with a statutory approach. Types and sources of legal materials are primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research that quarrels carried out through the WhatsApp application can be submitted as evidence at trial, however, the value of evidence is not perfect and binding so that other evidence is needed to prove disputes and quarrels that occur continuously as a cause of divorce","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135054619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-01DOI: 10.30863/ajmpi.v8i2.4220
Irmayanti Sidang, Nurfaidah Said, Ratna Wati
Kewajiban suami dalam memberikan hak-hak nafkah terhadap istri yang dicerai talak perlu ditetapkan namun kenyataannya di Pengadilan Agama belum semuanya menetapkan nafkah dalam amar putusannya, penelitian ini bertujuan untuk mengetahui dan memahami alasan hakim tidak menetapkan nafkah dalam permohonan cerai talak dan perlindungan terhadap istri dalam pemenuhan nafkah pasca perceraian. Penelitian ini merupakan jenis penelitian hukum empiris. Pendekatan yang digunakan adalah pendekatan undang-undang (statute approach) dan pendekatan kasus (case approach). Jenis dan sumber data adalah data primer dan data sekunder. Data primer diperoleh melalui wawancara dan data sekunder diperoleh melalui studi literatur. Data yang dikumpulkan kemudian diolah dengan menggunakan analisis kualitatif. Hasil penelitian menunjukkan bahwa: Alasan Majelis Hakim Pengadilan Agama Makassar dan Pengadilan Agama Sengkang tidak menetapkan nafkah dalam putusan verstek maupun putusan kontradiktoir karena tidak adanya pihak yang bermohon untuk menuntut hak-haknya, hakim memandang pihak istri yang tidak pernah hadir setelah dipanggil secara resmi dan patut tanpa alasan yang sah, maka Majelis Hakim memandang hak-haknya tidak perlu ditetapkan, hakim pada prinsipnya tidak boleh mengabulkan melebihi dari apa yang ada dalam gugatan. Upaya perlindungan hukum terhadap istri dalam pemenuhan nafkah pasca perceraian apabila putusan itu dijatuhi putusan verstek maka pihak termohon dalam perkara cerai talak dapat mengajukan upaya verzet yang dapat diajukan 14 hari setelah pemberitahuan putusan disampaikan kepada pihak termohon. sedangkan upaya perlindungan hukum terhadap istri dalam pemenuhan nafkah pasca perceraian yang dijatuhi putusan kontradiktoir, dapat mengajukan upaya banding.
{"title":"Perlindungan Hukum Terhadap Istri Dalam Pemenuhan Nafkah Pasca Perceraian Menurut Perspektif Hukum Islam","authors":"Irmayanti Sidang, Nurfaidah Said, Ratna Wati","doi":"10.30863/ajmpi.v8i2.4220","DOIUrl":"https://doi.org/10.30863/ajmpi.v8i2.4220","url":null,"abstract":"Kewajiban suami dalam memberikan hak-hak nafkah terhadap istri yang dicerai talak perlu ditetapkan namun kenyataannya di Pengadilan Agama belum semuanya menetapkan nafkah dalam amar putusannya, penelitian ini bertujuan untuk mengetahui dan memahami alasan hakim tidak menetapkan nafkah dalam permohonan cerai talak dan perlindungan terhadap istri dalam pemenuhan nafkah pasca perceraian. Penelitian ini merupakan jenis penelitian hukum empiris. Pendekatan yang digunakan adalah pendekatan undang-undang (statute approach) dan pendekatan kasus (case approach). Jenis dan sumber data adalah data primer dan data sekunder. Data primer diperoleh melalui wawancara dan data sekunder diperoleh melalui studi literatur. Data yang dikumpulkan kemudian diolah dengan menggunakan analisis kualitatif. Hasil penelitian menunjukkan bahwa: Alasan Majelis Hakim Pengadilan Agama Makassar dan Pengadilan Agama Sengkang tidak menetapkan nafkah dalam putusan verstek maupun putusan kontradiktoir karena tidak adanya pihak yang bermohon untuk menuntut hak-haknya, hakim memandang pihak istri yang tidak pernah hadir setelah dipanggil secara resmi dan patut tanpa alasan yang sah, maka Majelis Hakim memandang hak-haknya tidak perlu ditetapkan, hakim pada prinsipnya tidak boleh mengabulkan melebihi dari apa yang ada dalam gugatan. Upaya perlindungan hukum terhadap istri dalam pemenuhan nafkah pasca perceraian apabila putusan itu dijatuhi putusan verstek maka pihak termohon dalam perkara cerai talak dapat mengajukan upaya verzet yang dapat diajukan 14 hari setelah pemberitahuan putusan disampaikan kepada pihak termohon. sedangkan upaya perlindungan hukum terhadap istri dalam pemenuhan nafkah pasca perceraian yang dijatuhi putusan kontradiktoir, dapat mengajukan upaya banding.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135054621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-01DOI: 10.30863/ajmpi.v8i2.5101
Nurjaini Nurjaini, Mar’ie Mahfudz Harahap
This research analyzes the legal protection for child victims of sexual abuse in Indonesia. Using a normative approach and literature review, this study aims to understand the legal protection provided to child victims of sexual abuse, the factors influencing sexual abuse against children, and efforts to prevent such criminal acts. The research reveals that Indonesia has a responsibility to protect child victims of crimes. Law Number 35 of 2014 on Child Protection provides the basis for protection, including the rights of children, protection from violence and discrimination, and the fulfillment of their dignity. Special protection is given to child victims of sexual abuse through rehabilitation, protection of the victim's identity, safety guarantees for victim witnesses, and accessibility to case developments. Criminal punishment for perpetrators of child sexual abuse is regulated by laws and the Criminal Code. In handling cases of sexual abuse, the role of forensic medicine is crucial in gathering necessary evidence. The principle of diversion is also applied in handling cases involving juvenile perpetrators of sexual violence. Serious coordination among the police, prosecutors, and judges is required to eradicate sexual abuse crimes against children. In conclusion, this research presents an overview of the legal protection for child victims of sexual abuse in Indonesia. Ongoing efforts are being made to strengthen protection and prevent these crimes through inter-agency coordination and effective law enforcement
{"title":"Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Pelecehan Seksual","authors":"Nurjaini Nurjaini, Mar’ie Mahfudz Harahap","doi":"10.30863/ajmpi.v8i2.5101","DOIUrl":"https://doi.org/10.30863/ajmpi.v8i2.5101","url":null,"abstract":"This research analyzes the legal protection for child victims of sexual abuse in Indonesia. Using a normative approach and literature review, this study aims to understand the legal protection provided to child victims of sexual abuse, the factors influencing sexual abuse against children, and efforts to prevent such criminal acts. The research reveals that Indonesia has a responsibility to protect child victims of crimes. Law Number 35 of 2014 on Child Protection provides the basis for protection, including the rights of children, protection from violence and discrimination, and the fulfillment of their dignity. Special protection is given to child victims of sexual abuse through rehabilitation, protection of the victim's identity, safety guarantees for victim witnesses, and accessibility to case developments. Criminal punishment for perpetrators of child sexual abuse is regulated by laws and the Criminal Code. In handling cases of sexual abuse, the role of forensic medicine is crucial in gathering necessary evidence. The principle of diversion is also applied in handling cases involving juvenile perpetrators of sexual violence. Serious coordination among the police, prosecutors, and judges is required to eradicate sexual abuse crimes against children. In conclusion, this research presents an overview of the legal protection for child victims of sexual abuse in Indonesia. Ongoing efforts are being made to strengthen protection and prevent these crimes through inter-agency coordination and effective law enforcement","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135054620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.30863/ajmpi.v8i2.5044
Hamzah Hamzah, Satriadi Satriadi, Aswar Anas
This study examines the revitalization of religious moderation-based development as a novel approach to rehabilitation within the Penitentiary. Significantly, the formulation of development based on religious moderation is proposed as the latest solution for the rejuvenation and refreshment of rehabilitation programs for drug offenders in Class II A Penitentiary Institution of Watampone. This research falls under the category of exploration and adopts the Participatory Action Research approach, normative juridical approach, empirical juridical approach, and normative theological approach. The findings of the study demonstrate that the revitalization of religious moderation-based development emphasizes indicators of national commitment, such as instilling patriotism, accommodating local culture by revitalizing the concept of self, understanding oneself as the best community (khairu ummah) who, in substance, utilizes sound reasoning as the earth's caretaker or as a representative of God, knowledgeable of good and evil, and reflecting religious moderation through adherence to the constitution and compliance with legislation. This includes refraining from consuming and misusing narcotics, in accordance with the mandate of Law No. 35 of 2009 concerning narcotics.
{"title":"Revitalization of Rehabilitation Based on Religious Moderation Towards Narcotics Abuse in Class II A Penitentiary Institution of Watampone","authors":"Hamzah Hamzah, Satriadi Satriadi, Aswar Anas","doi":"10.30863/ajmpi.v8i2.5044","DOIUrl":"https://doi.org/10.30863/ajmpi.v8i2.5044","url":null,"abstract":"This study examines the revitalization of religious moderation-based development as a novel approach to rehabilitation within the Penitentiary. Significantly, the formulation of development based on religious moderation is proposed as the latest solution for the rejuvenation and refreshment of rehabilitation programs for drug offenders in Class II A Penitentiary Institution of Watampone. This research falls under the category of exploration and adopts the Participatory Action Research approach, normative juridical approach, empirical juridical approach, and normative theological approach. The findings of the study demonstrate that the revitalization of religious moderation-based development emphasizes indicators of national commitment, such as instilling patriotism, accommodating local culture by revitalizing the concept of self, understanding oneself as the best community (khairu ummah) who, in substance, utilizes sound reasoning as the earth's caretaker or as a representative of God, knowledgeable of good and evil, and reflecting religious moderation through adherence to the constitution and compliance with legislation. This includes refraining from consuming and misusing narcotics, in accordance with the mandate of Law No. 35 of 2009 concerning narcotics.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135359488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.30863/ajmpi.v8i2.3857
Maria Ulfah Syarif, Susmihara Susmihara, Syamsudduha SyamsudduhA, Mardhati Mardhati
The Islamic Risala brought by Muhammad SAW has been presented as the last heavenly religious teaching that carries a mission of peace with the Qur'an as the guidebook of his people. The study of all life aspects contained in the Qur'an is Hudan (guidance), and it is the most complete guide for all humans in the world. The authenticity of the Qur'an and language style has been unrivaled throughout the ages, and it strengthens the perfection of Islamic teachings, which is universal as Rahmatan Lil' ālamīn. As time goes by, Islam has significantly contributed to the history of human civilization. History also records areas where great civilizations have emerged. There are relics of high Islamic culture, admired and recognized, including in the European region, definitely cannot be separated from the contribution of the struggle of Muslim leaders who are highly dedicated and persistent in spreading Islamic teachings. As a European country, the United Kingdom was not spared from the spread of Islamic teachings. By collecting research data from various works of literature and making the world of texts the main object of its analysis, this article intends to examine the track record of the early embryo of the universality of Islam touching British society by looking deeper into the history of the beginning of the arrival of Islam, the Dynamics of Muslim life and Sharia Courts in the United Kingdom.
{"title":"The Existence of Sharia Courts in the United Kingdom","authors":"Maria Ulfah Syarif, Susmihara Susmihara, Syamsudduha SyamsudduhA, Mardhati Mardhati","doi":"10.30863/ajmpi.v8i2.3857","DOIUrl":"https://doi.org/10.30863/ajmpi.v8i2.3857","url":null,"abstract":"The Islamic Risala brought by Muhammad SAW has been presented as the last heavenly religious teaching that carries a mission of peace with the Qur'an as the guidebook of his people. The study of all life aspects contained in the Qur'an is Hudan (guidance), and it is the most complete guide for all humans in the world. The authenticity of the Qur'an and language style has been unrivaled throughout the ages, and it strengthens the perfection of Islamic teachings, which is universal as Rahmatan Lil' ālamīn. As time goes by, Islam has significantly contributed to the history of human civilization. History also records areas where great civilizations have emerged. There are relics of high Islamic culture, admired and recognized, including in the European region, definitely cannot be separated from the contribution of the struggle of Muslim leaders who are highly dedicated and persistent in spreading Islamic teachings. As a European country, the United Kingdom was not spared from the spread of Islamic teachings. By collecting research data from various works of literature and making the world of texts the main object of its analysis, this article intends to examine the track record of the early embryo of the universality of Islam touching British society by looking deeper into the history of the beginning of the arrival of Islam, the Dynamics of Muslim life and Sharia Courts in the United Kingdom.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135359490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.30863/ajmpi.v8i2.4448
Nurchaliq Chaliq Majid, Anna Rahma Syam, Suharna Arna Ismail
Smoking habit can also affect the harmony of a family. This paper presents how Islam views the consequences of a smoking husband to the marital harmony. This qualitative research was performed using Phenomenological and No rmative Descriptive approach. The Phenomenological approach allowed for the discovery of facts about social phenomena in society, while the Normative Descriptive approach resulted in legal conclusions regarding the phenomena identified using the previous approach. In this research, wives who participated as samples did not found their marital harmony significantly affected by the cigarette smoke and they were not bothered to end the marriage due to it. Seen from another perspective, only fate can end a marriage, not cigarette smoke. In the context of Islamic Law, while some scholars may permit it, the majority of scholars prohibit smoking based on several verses in the Qur'an
{"title":"Consequences of a Smoker's Husband in the Dimension of Household Harmony Perspective of Islamic Law","authors":"Nurchaliq Chaliq Majid, Anna Rahma Syam, Suharna Arna Ismail","doi":"10.30863/ajmpi.v8i2.4448","DOIUrl":"https://doi.org/10.30863/ajmpi.v8i2.4448","url":null,"abstract":"Smoking habit can also affect the harmony of a family. This paper presents how Islam views the consequences of a smoking husband to the marital harmony. This qualitative research was performed using Phenomenological and No rmative Descriptive approach. The Phenomenological approach allowed for the discovery of facts about social phenomena in society, while the Normative Descriptive approach resulted in legal conclusions regarding the phenomena identified using the previous approach. In this research, wives who participated as samples did not found their marital harmony significantly affected by the cigarette smoke and they were not bothered to end the marriage due to it. Seen from another perspective, only fate can end a marriage, not cigarette smoke. In the context of Islamic Law, while some scholars may permit it, the majority of scholars prohibit smoking based on several verses in the Qur'an","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135359489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In principle, a husband has an obligation to provide for his wife as stated in the Quran and Marriage Law. However, the reality in Sikayu Village is that wives are the ones who provide for the family. This article aims to explain the phenomenon of wives as the breadwinners of the family and attempts to analyze the reasons and implications of this behavior. This study used a juridical-sociological method through the Islamic family law approach. The data used were primary and secondary data, where the primary data were obtained directly from the Muslim community in Sikayu Village, while the secondary data were library materials (primary and secondary sources). The research subjects focused on Muslim women who are the main breadwinners in their families. The techniques used to collect data were interviews, documentation, and observation. The research findings showed that cases of wives as breadwinners are very common in Sikayu Village, and in some cases, wives replace their husbands as the leader of the family. Some of the reasons for this are to alleviate family needs, economic needs, husbands without a steady job, dominant environmental factors, many family burdens, filling leisure time, and women's willingness to work. These reasons are driven by two major factors: internal and external factors. The implications are only positive because in reality, it does not create conflict within the family. On the contrary, families in the Muslim community in Sikayu Village are categorized as harmonious families.
{"title":"Istri Sebagai Penanggung Jawab Nafkah Keluarga: Kajian Sosiologi Hukum di Tengah Masyarakat Muslim Desa Sikayu Kecamatan Comal Kabupaten Pemalang","authors":"Imaro Sidqi","doi":"10.31538/adlh.v8i1.3334","DOIUrl":"https://doi.org/10.31538/adlh.v8i1.3334","url":null,"abstract":"In principle, a husband has an obligation to provide for his wife as stated in the Quran and Marriage Law. However, the reality in Sikayu Village is that wives are the ones who provide for the family. This article aims to explain the phenomenon of wives as the breadwinners of the family and attempts to analyze the reasons and implications of this behavior. This study used a juridical-sociological method through the Islamic family law approach. The data used were primary and secondary data, where the primary data were obtained directly from the Muslim community in Sikayu Village, while the secondary data were library materials (primary and secondary sources). The research subjects focused on Muslim women who are the main breadwinners in their families. The techniques used to collect data were interviews, documentation, and observation. The research findings showed that cases of wives as breadwinners are very common in Sikayu Village, and in some cases, wives replace their husbands as the leader of the family. Some of the reasons for this are to alleviate family needs, economic needs, husbands without a steady job, dominant environmental factors, many family burdens, filling leisure time, and women's willingness to work. These reasons are driven by two major factors: internal and external factors. The implications are only positive because in reality, it does not create conflict within the family. On the contrary, families in the Muslim community in Sikayu Village are categorized as harmonious families.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89688428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research was motivated by differences of opinion among the fuqaha' about the multi-contract law. Meanwhile, the need for multi-contract in muamalah economic transactions can increase production. The study aims to determine the level of need for multi-contract in muamalah economic transactions. This research is a qualitative research, revealing meanings related to differences in fukaha views on the implementation of multi-contracts. This research is also a type of literature research with primary data in the form of data taken from several literature views of fuqaha related to multi-contract from various references such as books, journals, and secondary data from other related documents. Data collection through documentation methods from both primary and secondary data sources. This study uses the maqashid syariah approach to explore the level of multi-contract needs in muamalah economic transactions. The results of this study show that the need for multi-contract can reach the level of Hajjyah, and arrive at the orientation of maqashid which aims to maintain religion. This multi-contract is an effort to maximize profits in business and also to get rights for everyone who transacts. In addition, if it is not done, there will be many people who transact with principles that are not sharia.
{"title":"Kebutuhan Multi Akad dalam Transaksi Ekonomi Muamalah; Analisis Maqashid Syariah","authors":"Julhaidir Purba, Dhiauddin Tanjung","doi":"10.31538/adlh.v8i1.3315","DOIUrl":"https://doi.org/10.31538/adlh.v8i1.3315","url":null,"abstract":"This research was motivated by differences of opinion among the fuqaha' about the multi-contract law. Meanwhile, the need for multi-contract in muamalah economic transactions can increase production. The study aims to determine the level of need for multi-contract in muamalah economic transactions. This research is a qualitative research, revealing meanings related to differences in fukaha views on the implementation of multi-contracts. This research is also a type of literature research with primary data in the form of data taken from several literature views of fuqaha related to multi-contract from various references such as books, journals, and secondary data from other related documents. Data collection through documentation methods from both primary and secondary data sources. This study uses the maqashid syariah approach to explore the level of multi-contract needs in muamalah economic transactions. The results of this study show that the need for multi-contract can reach the level of Hajjyah, and arrive at the orientation of maqashid which aims to maintain religion. This multi-contract is an effort to maximize profits in business and also to get rights for everyone who transacts. In addition, if it is not done, there will be many people who transact with principles that are not sharia.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87615843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The phenomenon of divorce at an early age of marriage continues to increase from year to year, so that it has become commonplace in this post-modern era. The phenomenon of high divorce is also faced by clients of Ambu Consulting and Healing Center. There are many factors behind the divorce phenomenon. This study aims to describe the level of cases of divorce in the post-modern era with the Ambu Consulting and Healing Center research locus, the factors that influence the client's decision to marry and divorce at the Ambu Consulting and Healing Center. This study uses a qualitative approach, collecting data through observation, interviews and documentation. Case study research was conducted on Ambu Consulting and Healing Center clients who were facing divorce problems. The results showed that the phenomenon of the client's divorce marriage at the Ambu Consulting and Healing Center showed that the human characteristics of the post-modern era were not able to take advantage of the positive side of the post-modern era. The factors that cause divorce are related to the lifestyle of the post-modern era.
{"title":"Kawin Cerai di Era Post Modernisme; Studi Kasus Klien Ambu Consulting and Healing Center","authors":"Eva Nur Hopipah, Aden Rosadi","doi":"10.31538/adlh.v8i1.3233","DOIUrl":"https://doi.org/10.31538/adlh.v8i1.3233","url":null,"abstract":"The phenomenon of divorce at an early age of marriage continues to increase from year to year, so that it has become commonplace in this post-modern era. The phenomenon of high divorce is also faced by clients of Ambu Consulting and Healing Center. There are many factors behind the divorce phenomenon. This study aims to describe the level of cases of divorce in the post-modern era with the Ambu Consulting and Healing Center research locus, the factors that influence the client's decision to marry and divorce at the Ambu Consulting and Healing Center. This study uses a qualitative approach, collecting data through observation, interviews and documentation. Case study research was conducted on Ambu Consulting and Healing Center clients who were facing divorce problems. The results showed that the phenomenon of the client's divorce marriage at the Ambu Consulting and Healing Center showed that the human characteristics of the post-modern era were not able to take advantage of the positive side of the post-modern era. The factors that cause divorce are related to the lifestyle of the post-modern era.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88982750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dewi Afriani Faradilah, Sayehu Sayehu, M. Muawanah
This research was motivated by the practice of distributing zakat given to students at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. This study aims to describe the basis and basis of the practice of distributing zakat to students at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. This study also analyzes santri as mustahiq zakat with ashnaf tsamaniyah approach in the provisions of Islamic legal literature. This research is a type of qualitative research that reveals the meaning and describes the meaning of santri as mustahiq (recipients) of zakat. This research is also a type of field research with a research locus at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. Primary data sources were obtained from interviews with research subjects including students, Kyai, guardians, and residents who gave alms to Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. This study also uses secondary data in the form of Islamic legal literature documents related to mustahiq zakat, research results with related topics. Data collection on through observation, interviews and documentation. This research uses the ashnaf tsamaniyah theory approach in the provisions of Islamic legal literature. The findings show the practice of distributing zakat at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School to students on the basis and basis of Kyai's view that students are categorized as part of eight groups of zakat recipients (ashnaf tsamaniyah). With the ashnaf tsamaniyah approach (eight groups of zakat recipients) and contextualized meaning, the distribution of zakat to students at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School can be categorized as included in ashnaf tsamaniyah in the categories of fakir, poor and ibn sabil.
这项研究的动机是Daar El Mu'min Kaduengang Cadasari Pandeglang伊斯兰寄宿学校向学生分发天课的做法。本研究旨在描述Daar El Mu'min Kaduengang Cadasari Pandeglang伊斯兰寄宿学校为学生分配天课的基础和依据。本研究也分析了伊斯兰法律文献条文中以“ashhnaf tsamaniyah”方式界定的圣日课(santri)。本研究是一种定性研究，揭示并描述了作为天课接受者的圣人的意义。本研究也是实地调查的一种，研究地点在Daar El Mu'min Kaduengang Cadasari Pandeglang伊斯兰寄宿学校。主要数据来源来自对研究对象的访谈，包括Daar El Mu'min Kaduengang Cadasari Pandeglang伊斯兰寄宿学校的学生、Kyai、监护人和施舍的居民。本研究还采用伊斯兰教法文献文献形式的二手资料，与天课相关，研究成果与相关主题。通过观察、访谈和文件收集数据。本研究在伊斯兰法律文献的条文中使用了“ashhnaf tsamaniyah”理论方法。调查结果表明，Daar El Mu'min Kaduengang Cadasari Pandeglang伊斯兰寄宿学校向学生分发天课的做法是基于Kyai的观点，即学生被划分为八个天课接受者群体(ashnaf tsamaniyah)的一部分。根据ashnaf tsamaniyah方法(八组天课接受者)和情境化的意义，Daar El Mu'min Kaduengang Cadasari Pandeglang伊斯兰寄宿学校的天课分配可以被归类为包括在ashnaf tsamaniyah中的苦行僧、穷人和ibn sabil。
{"title":"Santri Sebagai Mustahiq Zakat; Analisis Praktik Distribusi Zakat di Pondok Pesantren Daar El Mu’min Kaduengang Cadasari Pandeglang","authors":"Dewi Afriani Faradilah, Sayehu Sayehu, M. Muawanah","doi":"10.31538/adlh.v8i1.3544","DOIUrl":"https://doi.org/10.31538/adlh.v8i1.3544","url":null,"abstract":"This research was motivated by the practice of distributing zakat given to students at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. This study aims to describe the basis and basis of the practice of distributing zakat to students at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. This study also analyzes santri as mustahiq zakat with ashnaf tsamaniyah approach in the provisions of Islamic legal literature. This research is a type of qualitative research that reveals the meaning and describes the meaning of santri as mustahiq (recipients) of zakat. This research is also a type of field research with a research locus at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. Primary data sources were obtained from interviews with research subjects including students, Kyai, guardians, and residents who gave alms to Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School. This study also uses secondary data in the form of Islamic legal literature documents related to mustahiq zakat, research results with related topics. Data collection on through observation, interviews and documentation. This research uses the ashnaf tsamaniyah theory approach in the provisions of Islamic legal literature. The findings show the practice of distributing zakat at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School to students on the basis and basis of Kyai's view that students are categorized as part of eight groups of zakat recipients (ashnaf tsamaniyah). With the ashnaf tsamaniyah approach (eight groups of zakat recipients) and contextualized meaning, the distribution of zakat to students at Daar El Mu'min Kaduengang Cadasari Pandeglang Islamic Boarding School can be categorized as included in ashnaf tsamaniyah in the categories of fakir, poor and ibn sabil.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81265775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：