Abstract: Apparently, quite a lot of marriage actors do not register their marriages. In fact, the provisions for registration of marriages have been regulated in Article 2 of Law No. 1/1974, paragraph 2 which expressly states that every marriage is recorded according to the applicable laws and regulations. From this it can be understood that marriage registration is an integral part that determines the validity of a marriage. More detailed rules regarding marriage registration are regulated in Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. The reality is that many Indonesian citizens do not register their marriage with the Marriage Registrar (PPN). Marriages that are carried out are usually only assumed to have fulfilled the demands of their religion, even though they did not meet the demands of the state administration. One of the reasons is because of the indecisiveness of the marriage registration law. This is often corroborated by religious leaders' fatwas supporting unregistered marriages. This paper reinforces the law of marriage registration from the point of view of the Shari'a and the legislation in force in Indonesia. Based on qiyās, then the legal registration of marriage is obligatory as it is recorded in accounts payable (Q.S. Al-Baqarah: 282). From the laws in force in Indonesia, it takes courage to get out of the dichotomy of interpretation of Article 2 of Law No.1 of 1974 by using six juridical arguments as a reference. Religious experts, morally, must also support the registration of marriages. In addition, it is necessary to come up with new regulations to improve Law No. 1 of 1974, which has been in force for 48 years in Indonesia. The draft Law on Material Law for Religious Courts is a hope for a more integral and perfect marriage law in Indonesia.
{"title":"Kewajiban Pencatatan Nikah dalam Tinjauan Qiyas dan Kepastian Hukum","authors":"Endri Nugraha Laksana","doi":"10.31538/adlh.v7i2.2642","DOIUrl":"https://doi.org/10.31538/adlh.v7i2.2642","url":null,"abstract":"Abstract: \u0000Apparently, quite a lot of marriage actors do not register their marriages. In fact, the provisions for registration of marriages have been regulated in Article 2 of Law No. 1/1974, paragraph 2 which expressly states that every marriage is recorded according to the applicable laws and regulations. From this it can be understood that marriage registration is an integral part that determines the validity of a marriage. More detailed rules regarding marriage registration are regulated in Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. The reality is that many Indonesian citizens do not register their marriage with the Marriage Registrar (PPN). Marriages that are carried out are usually only assumed to have fulfilled the demands of their religion, even though they did not meet the demands of the state administration. One of the reasons is because of the indecisiveness of the marriage registration law. This is often corroborated by religious leaders' fatwas supporting unregistered marriages. This paper reinforces the law of marriage registration from the point of view of the Shari'a and the legislation in force in Indonesia. Based on qiyās, then the legal registration of marriage is obligatory as it is recorded in accounts payable (Q.S. Al-Baqarah: 282). From the laws in force in Indonesia, it takes courage to get out of the dichotomy of interpretation of Article 2 of Law No.1 of 1974 by using six juridical arguments as a reference. Religious experts, morally, must also support the registration of marriages. In addition, it is necessary to come up with new regulations to improve Law No. 1 of 1974, which has been in force for 48 years in Indonesia. The draft Law on Material Law for Religious Courts is a hope for a more integral and perfect marriage law in Indonesia. \u0000 \u0000 ","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84099456","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 : 2022-12-25DOI: 10.24042/adalah.v19i2.14289
Anita Marwing, Asni Asni, Widia Astuti
This study discusses the Siyasah Fiqh Review of the concept of Impeachment in the Indonesian State Administration. The aim is to find out and understand the mechanism for impeachment/dismissal of the President or Vice President in Indonesia's constitutional system as stipulated in Articles 7 a and 7 b of the 1945 Constitution and the fiqh siyasa perspective on these rules. This research belongs to normative legal research that uses normative, juridical, and historical approaches. Data were collected using literary techniques, then analyzed descriptively and qualitatively. The results of this study indicate that the practice of impeaching the President in the past occurred more often due to political issues, namely the disputes between the legislature and the executive regarding the issue that the President had violated the law. In the past two impeachment proceedings, there has been no precise regulation regarding the impeachment mechanism of the President in the country's Constitution. After the amendment, the issue of impeachment was adopted in Articles 7A and 7B of the 1945 Constitution. Article 7A limits the grounds for impeachment, while Article 7B complicates impeachment by the presence of a judicial institution. From the perspective of Fiqh,siyasa, the head of State's impeachment can be carried out if it meets the criteria and reasons that Syara has determined'
{"title":"The Concept of Impeachment in The Indonesia's Constitutional System From The Perspective of Fiqh Siyasah","authors":"Anita Marwing, Asni Asni, Widia Astuti","doi":"10.24042/adalah.v19i2.14289","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.14289","url":null,"abstract":"This study discusses the Siyasah Fiqh Review of the concept of Impeachment in the Indonesian State Administration. The aim is to find out and understand the mechanism for impeachment/dismissal of the President or Vice President in Indonesia's constitutional system as stipulated in Articles 7 a and 7 b of the 1945 Constitution and the fiqh siyasa perspective on these rules. This research belongs to normative legal research that uses normative, juridical, and historical approaches. Data were collected using literary techniques, then analyzed descriptively and qualitatively. The results of this study indicate that the practice of impeaching the President in the past occurred more often due to political issues, namely the disputes between the legislature and the executive regarding the issue that the President had violated the law. In the past two impeachment proceedings, there has been no precise regulation regarding the impeachment mechanism of the President in the country's Constitution. After the amendment, the issue of impeachment was adopted in Articles 7A and 7B of the 1945 Constitution. Article 7A limits the grounds for impeachment, while Article 7B complicates impeachment by the presence of a judicial institution. From the perspective of Fiqh,siyasa, the head of State's impeachment can be carried out if it meets the criteria and reasons that Syara has determined'","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"110 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77341437","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 paper discusses the formation of the sakinah family through the role of da'wah Masturah, a Jamaat Tablighi's program, namely da'wah efforts among women. Because the task of reviving religion lies not only on men but also on women, a sakinah family will be formed when every family member is obedient to Allah SWT. This study aims to determine the role of da'wah Masturah in forming a sakinah family in Jama'ah Tablighin Singkil District, Manado City. This research is field research with a qualitative nature whose data is collected through observation, interviews, and documentation related to the focus of research on the Jama'ah Tablighin Singkil District, Manado City. The results of this study show that da'wah Masturah is very influential in forming a sakinah family in Jama'ah Tabligh in Singkil District, Manado City. There are 3 (three) indicators that da'wah Masturah plays an important role in forming a sakinah family: First, every family member is obedient in carrying out religious orders; Second, husband and wife understand their rights and obligations; and; Third, children are expected to be a pious and/or pious generation
{"title":"The Role of Masturah Da'wah in Forming a Sakinah Family in The Jamaat Tablighi of Manado City","authors":"Naskur Bilalu, Wira Purwadi, Syahrul Mubarak Subeitan","doi":"10.24042/adalah.v19i2.11268","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.11268","url":null,"abstract":"This paper discusses the formation of the sakinah family through the role of da'wah Masturah, a Jamaat Tablighi's program, namely da'wah efforts among women. Because the task of reviving religion lies not only on men but also on women, a sakinah family will be formed when every family member is obedient to Allah SWT. This study aims to determine the role of da'wah Masturah in forming a sakinah family in Jama'ah Tablighin Singkil District, Manado City. This research is field research with a qualitative nature whose data is collected through observation, interviews, and documentation related to the focus of research on the Jama'ah Tablighin Singkil District, Manado City. The results of this study show that da'wah Masturah is very influential in forming a sakinah family in Jama'ah Tabligh in Singkil District, Manado City. There are 3 (three) indicators that da'wah Masturah plays an important role in forming a sakinah family: First, every family member is obedient in carrying out religious orders; Second, husband and wife understand their rights and obligations; and; Third, children are expected to be a pious and/or pious generation","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87521748","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 : 2022-12-25DOI: 10.24042/adalah.v19i2.14040
Azmi Siradjudin, Ibnu Akbar Maliki
The law of zhihar (equating wife to her mother) is closely related to Arabic culture, where the Qur'an was revealed. In Indonesia, zhihar law cannot be enforced because of social norms differences. This article examines the contextualization of zhihar in Indonesia. The aim is to examine the meaning of zhihar in the Qur’an which is then applied in the context of Indonesian culture. Specifically, the contextualization includes the use of language in the zhihar which is then linked to the existing cultural context. This research is purely a literature study using qualitative methods. The approach used is the sociology of language, or more specifically it can be called the anthropo-linguistic approach. The results of the study show that respect is deeply embedded in family life in Indonesia. This means that the husband may equate his wife with his mother-in-law; But not forbid himself against his wife, only to praise and respect her. From the perspective of the sociology of language, this compliment is a reflection of cultural values that have long lived in Indonesian society. The mufassirs (the commentators of al-Qur'an) stated that this action is not zhihar because the lafadz zhihar requires the intention to forbid husband and wife relations. Therefore, it is necessary to conduct an in-depth study dealing with the axiological value of the law of zhihar in the Qur'an which is linked to socio-cultural aspects.
{"title":"Zhihar Contextualization in Indonesia: an Anthropo-Linguistic Study","authors":"Azmi Siradjudin, Ibnu Akbar Maliki","doi":"10.24042/adalah.v19i2.14040","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.14040","url":null,"abstract":"The law of zhihar (equating wife to her mother) is closely related to Arabic culture, where the Qur'an was revealed. In Indonesia, zhihar law cannot be enforced because of social norms differences. This article examines the contextualization of zhihar in Indonesia. The aim is to examine the meaning of zhihar in the Qur’an which is then applied in the context of Indonesian culture. Specifically, the contextualization includes the use of language in the zhihar which is then linked to the existing cultural context. This research is purely a literature study using qualitative methods. The approach used is the sociology of language, or more specifically it can be called the anthropo-linguistic approach. The results of the study show that respect is deeply embedded in family life in Indonesia. This means that the husband may equate his wife with his mother-in-law; But not forbid himself against his wife, only to praise and respect her. From the perspective of the sociology of language, this compliment is a reflection of cultural values that have long lived in Indonesian society. The mufassirs (the commentators of al-Qur'an) stated that this action is not zhihar because the lafadz zhihar requires the intention to forbid husband and wife relations. Therefore, it is necessary to conduct an in-depth study dealing with the axiological value of the law of zhihar in the Qur'an which is linked to socio-cultural aspects.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84832959","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 : 2022-12-25DOI: 10.24042/adalah.v19i2.11761
Rohmawati Rohmawati, Syahril Siddik
This article examines the protection of the rights of children out of wedlock in the Religious Courts. The ambiguity of the concept of the best interests of the child has prompted judges to interpret this concept to realize legal protection for children out of wedlock. This study reveals the application of the principle of best interests for children by Religious Court judges in protecting children out of wedlock. This study uses a case approach and legal philosophy. The results of this study indicate that the Religious Courts, in determining the origin of children, generally protect the rights of children out of wedlock proportionally. In the best interests of the child, the judges grant recognition of the child and provide a limited legal relationship for an illegitimate child with his biological father. The existence of this legal relationship has provided legal certainty regarding the status of children out of wedlock as biological children of both parents; so that the children have human dignity (hifẓ al-‘irḍ). In addition, judges have realized distributive justice that provides benefits for children out of wedlock, without ignoring the norms of Islamic law regarding the purity of lineage, through the granting of living rights for the survival of children (hifẓ al-nafs), spiritual development (hifẓ al-din), education a proper will (hifẓ al-'aql), and a mandatory will from his father (hifẓ al-māl).
{"title":"Legal Protection for Children Out of Wedlock: Ensuring the Best Interests of Children Through Judge Decisions","authors":"Rohmawati Rohmawati, Syahril Siddik","doi":"10.24042/adalah.v19i2.11761","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.11761","url":null,"abstract":"This article examines the protection of the rights of children out of wedlock in the Religious Courts. The ambiguity of the concept of the best interests of the child has prompted judges to interpret this concept to realize legal protection for children out of wedlock. This study reveals the application of the principle of best interests for children by Religious Court judges in protecting children out of wedlock. This study uses a case approach and legal philosophy. The results of this study indicate that the Religious Courts, in determining the origin of children, generally protect the rights of children out of wedlock proportionally. In the best interests of the child, the judges grant recognition of the child and provide a limited legal relationship for an illegitimate child with his biological father. The existence of this legal relationship has provided legal certainty regarding the status of children out of wedlock as biological children of both parents; so that the children have human dignity (hifẓ al-‘irḍ). In addition, judges have realized distributive justice that provides benefits for children out of wedlock, without ignoring the norms of Islamic law regarding the purity of lineage, through the granting of living rights for the survival of children (hifẓ al-nafs), spiritual development (hifẓ al-din), education a proper will (hifẓ al-'aql), and a mandatory will from his father (hifẓ al-māl).","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80655036","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 : 2022-12-25DOI: 10.24042/adalah.v19i2.14495
Zainal Arifin H. Munir, Lalu Muhammad Nurul Wathoni, Lalu Supriadi Bin Mujib, H. Dahri
This study examines the practice of Tahlil Marriage carried out in several sub-districts in East Lombok Regency. Tahlil marriage or Cine Bute or muhallil is carried out as a condition that reconciliation between ex-husband and ex-wife who has been divorced is permissible. Tahlil Marriage (Cine Bute) in the Sasak community is carried out secretly without authorization from the Office of Religious Affairs. This research is classified as qualitative research with an empirical normative approach. Data were collected using observation, interview and documentation techniques and were analyzed through the perspective of Maqasid al-Shari’ah and Compilation of Islamic Law (KHI). This research found that Tahlil marriage in East Lombok Regency was divided into three forms: common marriages, contractual marriages, and common marriages initiated by contract marriages. In the view of Maqasid al-Shari'ah, the Tahlil marriages carried out by the Sasak tribe do not fulfill the aspects of dharuriyya, hajjiyat and tahsiniyyat. Among the factors that influence the Tahlil marriages performed by the Sasak tribe are the ease of divorce, the lack of public legal awareness, the low level of public education, the lack of understanding of religion and the weakness of law enforcement.
{"title":"Tahlil Marriage Among the Sasak Tribe of Lombok Based on Maqashid Al-Shari’ah Perspective and Its Relevance to Compilation of Islamic Law","authors":"Zainal Arifin H. Munir, Lalu Muhammad Nurul Wathoni, Lalu Supriadi Bin Mujib, H. Dahri","doi":"10.24042/adalah.v19i2.14495","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.14495","url":null,"abstract":"This study examines the practice of Tahlil Marriage carried out in several sub-districts in East Lombok Regency. Tahlil marriage or Cine Bute or muhallil is carried out as a condition that reconciliation between ex-husband and ex-wife who has been divorced is permissible. Tahlil Marriage (Cine Bute) in the Sasak community is carried out secretly without authorization from the Office of Religious Affairs. This research is classified as qualitative research with an empirical normative approach. Data were collected using observation, interview and documentation techniques and were analyzed through the perspective of Maqasid al-Shari’ah and Compilation of Islamic Law (KHI). This research found that Tahlil marriage in East Lombok Regency was divided into three forms: common marriages, contractual marriages, and common marriages initiated by contract marriages. In the view of Maqasid al-Shari'ah, the Tahlil marriages carried out by the Sasak tribe do not fulfill the aspects of dharuriyya, hajjiyat and tahsiniyyat. Among the factors that influence the Tahlil marriages performed by the Sasak tribe are the ease of divorce, the lack of public legal awareness, the low level of public education, the lack of understanding of religion and the weakness of law enforcement.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"138 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77531395","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 : 2022-12-25DOI: 10.24042/adalah.v19i2.14384
Usep Saepullah
One of Law enforcement efforts can be conducted through a non-litigation approach. In this, arbitration can be seen as a non-litigation legal effort and can be used to resolve Islamic economic civil cases. So far, arbitration law effort has been regulated in the Law Number 30 of 1999 and is widely used in the law enforcement practices. This study uses a normative-juridical method and a qualitative approach. The sources and techniques of data collection refers to the number of relevant literatures, and also analyzed deductively and inductively. The results of this study show that legal certainty of arbitration in the settlement of Islamic economic civil cases in the perspective of positive law in Indonesia that regulated in regulated in the Law Number 30 of 1999 has proven to be quite effective in resolving Islamic economic civil cases. The benefit of Islamic economic civil cases settlement through arbitration is the parties have the same position in the form of equality before the law, the process is easy, not expensive, and a win-win solution. Moreover, arbitration can also guarantee legal certainty and justice for the disputing parties.
{"title":"Legal Certainty of Arbitration in The Settlement of Islamic Economic Civil Cases in The Perspective of Positive Law in Indonesia","authors":"Usep Saepullah","doi":"10.24042/adalah.v19i2.14384","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.14384","url":null,"abstract":"One of Law enforcement efforts can be conducted through a non-litigation approach. In this, arbitration can be seen as a non-litigation legal effort and can be used to resolve Islamic economic civil cases. So far, arbitration law effort has been regulated in the Law Number 30 of 1999 and is widely used in the law enforcement practices. This study uses a normative-juridical method and a qualitative approach. The sources and techniques of data collection refers to the number of relevant literatures, and also analyzed deductively and inductively. The results of this study show that legal certainty of arbitration in the settlement of Islamic economic civil cases in the perspective of positive law in Indonesia that regulated in regulated in the Law Number 30 of 1999 has proven to be quite effective in resolving Islamic economic civil cases. The benefit of Islamic economic civil cases settlement through arbitration is the parties have the same position in the form of equality before the law, the process is easy, not expensive, and a win-win solution. Moreover, arbitration can also guarantee legal certainty and justice for the disputing parties.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74211496","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 : 2022-12-25DOI: 10.24042/adalah.v19i2.10316
F. Arianti, Sri Yunarti
This study aims to examine the views of Islamic law on price changes in a limited time in the Home shopping program on RTV television media and the implications for buying and selling activities in the program. This type of research is field research using a phenomenological approach. The data collection used observation techniques on RTV television social media and YouTube promo shows for home shopping products. The study results concluded that product sales in the home shopping program contain an element of uncertainty (gharar) by mixing prices over time; because the product is sold at a discount, that price is added to other goods at a specific price, which is an additional bonus. This activity causes the price to change from the price of the initially offered item and then added to the bonus item that must also be paid. This price is only valid for a short period, and then, after the promotion time is up, the price of the item being sold returns to the pre-discount price so that the selling price of the product offered is unclear (gharar) and contains an element of speculation which is not permitted in Islamic teachings.
{"title":"Price Changes in A Limited Time in Home Shopping Program on RTV Television Media From The Perspective of Islamic Law","authors":"F. Arianti, Sri Yunarti","doi":"10.24042/adalah.v19i2.10316","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.10316","url":null,"abstract":"This study aims to examine the views of Islamic law on price changes in a limited time in the Home shopping program on RTV television media and the implications for buying and selling activities in the program. This type of research is field research using a phenomenological approach. The data collection used observation techniques on RTV television social media and YouTube promo shows for home shopping products. The study results concluded that product sales in the home shopping program contain an element of uncertainty (gharar) by mixing prices over time; because the product is sold at a discount, that price is added to other goods at a specific price, which is an additional bonus. This activity causes the price to change from the price of the initially offered item and then added to the bonus item that must also be paid. This price is only valid for a short period, and then, after the promotion time is up, the price of the item being sold returns to the pre-discount price so that the selling price of the product offered is unclear (gharar) and contains an element of speculation which is not permitted in Islamic teachings.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"105 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75329712","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 : 2022-12-25DOI: 10.24042/adalah.v19i2.14423
Musthafa Musthafa, Luqman Bin Hj Abdullah, Nurhidayah Binti Pauzi
Government regulations regarding the implementation of istibdal waqf (replacement of waqf assets) aim to ensure the benefit of waqf assets, so they can last longer and be utilized according to their designation. Unfortunately, an explanation of the reasons for the permissibility of istibdal waqf in Government Regulation 42 of 2006 concerning the Implementation of Law No. 41 of 2004 concerning waqf is not found in the regulation. This obscurity can confuse understanding the reasons for the regulation's permissibility of istibdal waqf. This study aims to explain the reasons for the permissibility of istibdal waqf in the regulation. Thus, from the results of this study, a complete understanding can be obtained dealing with the permissibility of istibdal waqf and preventing the emergence of differences in understanding that can harm waqf assets. This research is classified as library research using a legal interpretation approach. This study found that the reason for the permissibility of istibdal waqf in point an in article 49 (2), Government Regulation of the Republic of Indonesia. No. 42 of 2006 concerning the Implementation of Law Number 41 of 2004 concerning Waqf refers to Government Regulation No. 19 of 2021 concerning the Implementation of Land Procurement for Public Interests. At the same time, the explanation for the permissibility of istibdal waqf in point b relates to waqf assets that cannot be used or utilized following the waqf pledge. Furthermore, the permissibility of istibdal waqf in point c relates to waqf assets that can still be used or utilized.
{"title":"Reasons For the Permission of Replacement of Wakaf Assets (Istibdal Waqf) in Indonesian Regulations: An Interpretative Study","authors":"Musthafa Musthafa, Luqman Bin Hj Abdullah, Nurhidayah Binti Pauzi","doi":"10.24042/adalah.v19i2.14423","DOIUrl":"https://doi.org/10.24042/adalah.v19i2.14423","url":null,"abstract":"Government regulations regarding the implementation of istibdal waqf (replacement of waqf assets) aim to ensure the benefit of waqf assets, so they can last longer and be utilized according to their designation. Unfortunately, an explanation of the reasons for the permissibility of istibdal waqf in Government Regulation 42 of 2006 concerning the Implementation of Law No. 41 of 2004 concerning waqf is not found in the regulation. This obscurity can confuse understanding the reasons for the regulation's permissibility of istibdal waqf. This study aims to explain the reasons for the permissibility of istibdal waqf in the regulation. Thus, from the results of this study, a complete understanding can be obtained dealing with the permissibility of istibdal waqf and preventing the emergence of differences in understanding that can harm waqf assets. This research is classified as library research using a legal interpretation approach. This study found that the reason for the permissibility of istibdal waqf in point an in article 49 (2), Government Regulation of the Republic of Indonesia. No. 42 of 2006 concerning the Implementation of Law Number 41 of 2004 concerning Waqf refers to Government Regulation No. 19 of 2021 concerning the Implementation of Land Procurement for Public Interests. At the same time, the explanation for the permissibility of istibdal waqf in point b relates to waqf assets that cannot be used or utilized following the waqf pledge. Furthermore, the permissibility of istibdal waqf in point c relates to waqf assets that can still be used or utilized.","PeriodicalId":31967,"journal":{"name":"Al Adalah Jurnal Hukum Islam","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80646810","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 : 2022-09-30DOI: 10.47435/al-ahkam.v4i2.1216
S. Sapriadi, Hamzah Arhan, Andi Alauddin, Siti Nur Zihrana
Karakteristik hukum Islam Indonesia dominan diwarnai oleh kepribadian Arab (arab oriented) dan lebih lekat kepada tradisi mazhab Syafi’i. Menata sistem hukum nasional yang menyeluruh dan terpadu dengan mengakui dan menghormati hukum agama dan hukum Adat serta memperbaharui perundang-undangan warisan kolonial dan nasional yang diskriminatif, termasuk ketidak adilan pemenuhan hak dan ketidak sesuaiannya dengan tuntutan reformasi melalui legislasi. Hukum Islam dapat di jadikan sumber utama dalam pembentukan hukum nasional di Indonesia. Pemberlakuan hukum Islam secara formal yurdis sebenarnya telah berlangsung di Indonesia hanya saja hukum Islam yang berlaku masih bersifat parsial yaitu hukum keperdataan Islam “hukum keluarga (ahwal al-syakhsiyyah)” khususnya seperti perkawinan, kewarisan, perwakafan, dan perbankan syariah. Dalam penerapan hukum Islam di Indonesia bukan hanya di dalam hukum keperdataan namun segala linik aspek hukum nasional. Adapun metode yang digunakan dalam penulisan ini adalah penelitian pustaka (library research) dimana penelitian yang menekanka pada penelusuran dan penelaahan sumber-sumber tertulis dan bahan bacaan lain yang ada kaitannya dengan tema pembahasan.
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