Asy-Syari’ah : Jurnal Hukum Islam

Peran pemerintah dalam mempromosikan alternatif penyelesaian sengketa di Indonesia

R. Tanzil Fawaiq Sayyaf — 2024-06-30

The Indonesian government has implemented diverse initiatives to foster a nonviolent approach to resolving family law conflicts. The study will examine the involvement of governments and their initiatives in advocating for conflict resolution as a viable method for addressing societal concerns. The aggregation of cases handled by multiple courts led to a prolonged resolution of the recorded concerns. This study will focus on two distinct problem formulations. Firstly, we will discuss the government's role in promoting alternative dispute resolution as a solution to difficulties. Secondly, we will examine why government techniques for implementing alternative conflict resolution are superior to resorting to court proceedings for dispute settlement. This research aims to enhance people's understanding of the government's provision of non-judicial or alternative dispute resolution. The report seeks to analyze the government's initiatives in addressing the issue of Islamic family law. This study will utilize library research and significant data regarding specific government initiatives. This will be accomplished using a legal and normative approach. The study findings indicate that the government is actively promoting alternative methods of resolving disputes, such as mediation. This is being done through the implementation of mediation in the courts, improving legal aid services, enacting laws on a large scale, and encouraging the utilization of information and communication technologies. The strategy is executed by promoting mediation and conciliation in all court proceedings, establishing dispute resolution centers, empowering women to reduce disputes related to women, promoting legal education and awareness, and maximizing the utilization of technology and information.

Analisis upaya mengatasi perselisihan keluarga dalam masalah kewarisan masyarakat Lombok Tengah

Teguh Bungarusvianto — 2024-06-30

This research aims to understand how the Praya Religious Court handles inheritance disputes in Central Lombok district. The phenomenon that occurs is often a dispute between family members involving third parties from the surrounding community. This research was conducted using qualitative methods. Data was collected directly from participants or through observing behavior in their natural situation, which was then reinforced with primary and secondary data sources. Primary data sources in this research are internal and external informants from the Praya Religious Court. Based on the results of the research on the main causes of family conflict in inheritance disputes, the first is that all inheritances have never been divided and are controlled unilaterally by some heirs. Secondly, the inheritance has been divided within the family but not in accordance with the provisions. The best and preferred settlement effort is through out-of-court (non-litigation) deliberation institutions, either privately between family members. Settlement can also involve the help of religious leaders, traditional leaders, and government leaders to reach a fair and harmonious agreement. The best effort to resolve family conflicts in inheritance disputes in the Central Lombok community is through out-of-court deliberation institutions (non-litigation). The conclusion of the research is that the settlement of inheritance disputes by religious courts is optimally carried out through non-litigation deliberations, both directly between family members and with the help of religious leaders, officials of the Religious Affairs Office, Customary Chiefs, Hamlet Heads, and Village Heads.

Analisis pengaruh kafa’ah maliyah dalam mewujudkan keharmonisan keluarga (studi kasus pada Kecamatan Buahbatu Bandung)

Jamilah Mar’atush Sholihah — 2024-06-30

Every married couple aspires to have a harmonious family. However, many face challenges in achieving this, with conflicts such as arguments, differences in opinions, debates, and sometimes leading to divorce. One approach to address these issues is by seeking a compatible partner. Compatibility is considered effective as it aligns with the goals of marriage. Kafa’ah, including economic compatibility (kafa’ah maliyah), is deemed crucial for economic stability and family harmony. This research, conducted in the Buahbatu District, Bandung, aims to analyze the community's perceptions of kafa’ah maliyah and its impact on achieving family harmony. The qualitative case study method revealed diverse perceptions among the Buahbatu community, considering kafa’ah maliyah as vital for realizing family harmony. The influence of kafa’ah maliyah includes reducing financial conflict risks, enhancing cooperation in financial management, improving family stability and well-being, strengthening mutual respect and responsibility, and fortifying emotional bonds between spouses

Relevansi antara norma adat dan syariah dalam perkawinan: Studi kasus di Desa Huraba Siabu Mandailing

Raja Ritonga — 2024-06-30

In Mandailing society, the marriage process is closely related to a highly complex social interaction, where customary norms and Sharia law often interact simultaneously in its implementation process. In the view of Mandailing society in the village of Huraba Siabu, the implementation of marriage is not merely the execution of the Sharia contract, but also involves adherence to various customary rituals. This study aims to explore the relevance between customary norms and Sharia law in the context of marriage, with a focus on a case study in the village of Huraba Siabu, Mandailing. Through a qualitative approach, data were collected through in-depth interviews and participatory observation, followed by descriptive analysis. The study concludes that customary norms and Sharia law often complement each other and sometimes conflict in the practice of marriage in the village of Huraba Siabu, Mandailing. These findings underscore the importance of understanding the dynamics of interaction between customary norms and Sharia law in the context of marriage in rural communities. Therefore, a shift in societal paradigms regarding the interaction between customary norms and Sharia law occurs alongside changes and developments over time.

Legislasi infisakh akad: Studi konversi akad shirkah dengan akad bai’ di BSI Cabang Bojonegoro

Shofa Robbani — 2024-06-30

Legislation on contract infisakh in muamalah transactions is an urgent thing to know in order to avoid it. The problem of discrepancies between contracts and practices often occurs in Sharia financial institutions, especially Sharia banks. There are several factors behind the emergence of this case, including the relatively few quality human resources who understand well the implementation of the muamalah contract. Contemporary problems with modern transactions trigger contract incompatibility, such as the conversion of a shirkah contract to a bai' contract which occurred at Bank Syariah Indonesia Bojonegoro Branch. This research aims to explain and describe the legal legislation for annulment (infisakh) of contracts in fiqh muamalah transactions, and the law for converting shirkah (meant Musharakah Mutanaqishah) contracts with bai' (meant Bai’ ‘Inah) contracts at BSI Bojonegoro Branch. This research methodology is field research with a qualitative approach. The research location is Bank Syariah Indonesia Bojonegoro Branch. Data collection techniques were obtained from observation and interviews. Meanwhile, data analysis techniques use data reduction, data presentation, and conclusion. The research results show that eliminating contracts that are not following practice and replacing them with appropriate contracts is an action that must be taken to realize the supremacy of Islamic law in muamalah transactions. Then the conversion of the shirkah contract to bai' carried out by BSI Bojonegoro Branch was the right action, and by the substance of the National Sharia Council Fatwa No. 49/DSN-MUI/II/2005 concerning Contract Conversion and Bank Indonesia Regulation No. 10/18/PBI/2008 concerning Restructuring.

Tradisi ruwatan jawa ditinjau dari urf dan pendekatan sosiologi hukum islam

Joko Widodo — 2024-06-29

The Javanese ruwatan tradition is a tradition that has been going on for a long time in Indonesia, especially on the island of Java, which has been carried out from generation to generation and has been preserved by the practitioners of this tradition. This tradition has the aim of ensuring that humans are given safety, sustenance and blessings because they have removed the sengkala from the human limbs or body. This article needs to be studied in depth, so this writing aims for the reader to increase knowledge about the views of the Javanese ruwatan tradition in terms of Urf and the Sociology of Islamic Law approach. This research uses a qualitative research approach with a description method, namely research that examines and describes the Javanese ruwatan tradition from a urf perspective and an Islamic legal sociological approach, as the main data is from the literature. The results of the research show that the Javanese ruwatan tradition which does not conflict with Islamic law, can be included as urf Sahih or a tradition that is in harmony with Islamic law, and ruwatan in the form of a celebration held by reading verses from the holy Qur'an, such as Surah Yasin and reading several Sholawat of the Prophet SAW, with the intention of asking Allah SWT for safety and good luck, this is permitted.

Tantangan desentralisasi asimetris di Aceh perspektif Sadd Az-Zari’ah

Faza 'Ainun Najah — 2024-06-30

Asymmetric decentralization in Aceh is an effort to grant or transfer special authority which is considered as an alternative way with the aim of solving problems between central and regional relations in accordance with the 1945 Constitution of the Republic of Indonesia, precisely in Article 18 which regulates decentralization in Indonesia. This research focuses on the concept of sadd az-zari'ah towards asymmetrical decentralization in Aceh, the research method used in this research is literature. Data collection techniques from various leterature such as books, and journals and others that have a relationship with this research. The results of the study concluded that the challenge of asymmetrical decentralization in Aceh was initially considered valid in sharia, but sometimes it can produce losses. However, the harm is more modest compared to the good and it can be interpreted that the harm is to prevent greater harm. The concept of asymmetrical decentralization in Aceh is considered to be more protective of the harm that will be caused seeing the history of the relationship between Aceh and the Indonesian government in accordance with the rules if two mafsadat collide, choose the lighter mafsadat.

Tinjauan fiqih mu’amalah pada praktik pengambilan ujroh bagi calo sewa menyewa mobil di Pontianak

Dina Khairunnisa — 2024-06-30

Car rental brokers in Pontianak are the people's choice in car rental, with the difference in prices taken from car rental, this research aims to describe and analyze the practice of brokering in car rental in Pontianak and find out the profit-making practices of car rental brokers in Pontianak. according to the Muamalah Fiqh review. Researchers used a qualitative research method with an empirical juridical approach, with primary data obtained from interviews with brokers, rental owners and car rental consumers in Pontianak. As for secondary data obtained from classical books, journals and sources from the internet that are relevant to the focus of research. Data collection techniques were obtained through observation, interviews and documentation. The results showed that the practice of brokering between rental owners and brokers in the agreement contract carried out by verbal agreement is in accordance with article 1320 of the Civil Code, KHES Book II Articles 487-500 and Fiqh Muamalah regarding wakalah. The practice of taking advantage of brokers from the difference in prices from rental packages, increasing prices during major events, increasing prices above market prices due to the needs of brokers' lives is reasonable and permissible as long as it does not cheat and violate the agreement in accordance with the provisions of Fiqh Muamalah.

Konstruksi sosial pembagian hak waris anak angkat masyarakat muslim Samin Dusun Jepang Margomulyo Bojonegoro

Moh Iqbal Mujahidin — 2024-06-30

The enforcement of Islamic law in Indonesia society is frequently still questionable in practice. The reason is utilization of customary law is still often in indonesia's society, especially in the case relating to inheritance law. The Moslem Samin community of Jepang Hamlet Margomulyo Bojonegoro is one of the community entities that still upholds its customary teachings, including in determining the distribution of inheritance to adopted children. This study aims to describe: (1) the law used in the distribution of the inheritance of adopted children by the Samin's Moslem community in Jepang Hamlet, and (2) Social construction of the Samin community in distributing inheritance to adopted children. This research is a type of field research, which uses primary data in the form of observation and interview results, by choosing a research location in Jepang Hamlet, Margomulyo Bojonegoro. The respondents are the Samin's Moslem community, community leaders and traditional leaders. The approach used in this research is an anthropological historical sociological approach, to fully capture the application of the law of the Samin muslim community, especially in relation to the inheritance rights of adopted children. The findings obtained in this study are; first, in determining the heirs, the Samin Muslim community establishes adopted children as the legal heirs of the deceased parents. Second, the Samin Muslim community prefers to use customary law rather than Islamic law. this is due to five factors, namely the concept of justice, the concept of equality, the complexity of Islamic law, the absence of religious leaders and the absence of religious institutions. Third, the community and Samin leaders of Jepang Hamlet Margomulyo Bojonegoro agree that adopted children have the right to the property of their adoptive parents