Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
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Eksistensi Anak Perempuan dalam Hukum Kewarisan Syiah
Get PDFThis is a bibliographical research that discusses the justice of girls in Shi’ah inheritance system. The issue which is the subject of discussion is the position of female heirs, especially girls, who in Sunni inheritance system is not treated equally with other heirs, whether they are equal or not. Because in the Sunni inheritance system, male superiority is highly exalted. Between sons and daughters, even though they are equal in the eyes of the heir, still have an unbalanced power in veiling other heirs. Whereas in Shi’ah inheritance system, girls are positioned as equals to boys. They have the same hijab power. In addition, Presidential Instruction No. 1 of 1991 concerning Compilation of Islamic Law (KHI) also applies the principle of equality between girls and boys in terms of veiling other heirs. Nevertheless, KHI did not adopt the class system directly. However, it is explicitly stated in article 181 and article 182 that the existence of a daughter causes sibling, sibling with the same mothe or sibling with the same father does not receive part of the inheritance
Ekploitasi Tubuh Aktivis Perempuan Pengurus Cabang Pergerakan Mahasiswa Islam Indonesia Kabupaten Malang
Get PDFIn implementing the works program of the Branch Management of Indonesian Islamic Students Movement of Malang Regency, for the sake of a good and interesting event, the owners of power use female activists to become workers. Women activists must carry out tasks that are not in accordance with their job descriptions, get coercion from fellow activists to carry out tasks that they themselves have not yet experienced and only try first, and the most striking is when female activists are not happy if there is a women's development program. The practice of exploitation of these women activists, seen in this article, uses Michel Foucault's body discipline theory. The body's discipline works as a normalization of behavior designed by utilizing the productive and reproductive abilities of the human body. The practice of power through disciplining the body, creates a situation where the individual body can internalize submission and make it look like a normal state. This practice is what Foucault calls the normalization of power over the individual body. Individuals will never feel that they are being used and subjugated because they already consider it to be within reasonable limits. It can also be said that this is a veiled exploitation
Peran Media Sosial Bagi Suami Istri dalam Menjalani Hubungan Pernikahan Jarak Jauh
Get PDFIn the present time the impact of technological progress can be felt in many aspects of life, including marriage. The progress of the development of communication technology has made it easy to communicate specifically for married couples who are undergoing long-distance marital relationships, so that the relationship is maintained and harmonious. Social media is now used as a tool for communication, for example WhatsApp, Line, Facebook, or Instagram. All of those media are used because of their speed in conveying messages, so that long-distance couples can still communicate well and quickly. In a marital relationship, of course, there are fulfillments of rights and obligations. These fulfillments can still be fulfilled through social media, but they are not as maximized as when dealing directly
IMPLEMENTASI SISTEM INFORMASI MANAJEMEN NIKAH GANDA: STUDI KEBIJAKAN STRATEGIS TRANSFORMATIF DAN EFEKTIVITAS HUKUM
Get PDFThe web-based Marriage Management Information System (SIMKAH) is a new system that is used in the Office of Religious Affairs (KUA) Districts throughout Indonesia, replacing the desktop-based SIMKAH. Although Regulation No. 20 of 2019 regarding Marriage Registration has been passed to fully switch to web-based SIMKAH, the KUA of Gayungan, Surabaya, instead chose to implement Dual SIMKAH, which is web and desktop based. This article aims to find out the description and implementation of Dual SIMKAH in KUA of Gayungan, as well as a review of transformative strategic policies and legal effectiveness on the implementation of the Dual SIMKAH. This field research uses descriptive qualitative methods. Data mining is done through in-depth observation and interviews, as well as hands-on experience so that goals can be realized. This study produces several conclusions: (1) the implementation of Dual SIMKAH is very much needed as an anticipative effort when web-based SIMKAH experiences problems, especially in server repair, (2) the implementation of Dual SIMKAH can be assessed as a transformative strategic policy, (3) at the technical level, implementation Web-based SIMKAH still contains various problems, such as the application of Dual SIMKAH which has more support, old habits that are still inherent, the absence of announcements when the server will be repaired, and social conditions that make it impossible to switch completely to web-based SIMKAH.Abstract: The Web-based Marriage Management Information System (SIMKAH) is a new system that is used in the Office of Religious Affairs (KUA) of Districts throughout Indonesia, replacing the desktop-based SIMKAH. Despite Rule Number 20 of 2019 concerning Marriage Registration has been ratified in order to switch completely to the Web-based SIMKAH, but KUA Gayungan of Surabaya chose to implement Dual SIMKAH, which are Web-based and desktop instead. The purpose of this article is to find out the description and implementation of Dual SIMKAH in KUA Gayungan, as well as a review of transformative strategic policies and legal effectiveness towards the implementation of Dual SIMKAH. This field research uses descriptive qualitative methods. Data mining is carried out through in-depth observation and interviews, as well as practice on experience so that goals can be realized. This research produces several conclusions: (1) the implementation of Dual SIMKAH is very needed as an anticipatory effort when Web-based SIMKAH experiences problems, especially in server repair, (2) the implementation of Dual SIMKAH can be assessed as a transformative strategic policy, (3) at the technical level, the implementation of SIMKAH Web-based still contains various problems, such as the application of Double SIMKAH which has more support, old habits that are still inherent, the absence of announcements when the server will be repaired, and social conditions that do not allow to switch completely to Web-based SIMKAH.
Keywords: SIMKAH, KUA, Wedding registratio
Analisis Hukum Islam terhadap Pandangan Masyarakat Desa Sidomojo Krian Sidoarjo tentang Pinjaman pada Bank Titil dan Rentenir
Get PDFThis article discusses the analysis of Islamic law on the views of the Muslim community in the village of Sidomojo Krian Sidoarjo regarding loans through moneylenders and credit banks. This research is field research in the town of Sidomojo Krian Sidoarjo and is qualitative. The data collection techniques used were interviews and observations, then analyzed using descriptive analysis methods. From the results of the study, it is known that three loan shark customers and three titil bank customers agree that the law of bank interest is haram because it is the same as usury. However, they still borrow from these two places because of economic needs, and the process of borrowing from these places is more straightforward. The opinion of those who forbid bank interest is following Islamic law. In contrast, their actions of borrowing through moneylenders and bank credit are allowed as long as they are forced to do so as a rule "The condition of dharurah will allow something that was originally prohibited." If the compulsion is lost, then the law returns to its origin, which is haram. Seeing that their economy is not improving after making loans through moneylenders and bank-titil, then they should no longer make loans in these two places or in other areas that apply interest
Peranan Partai Politik Islam Dalam Pelaksanaan Pemilihan Kepala Daerah Serentak di Indonesia
Get PDFThe Islamic Political Parties in support of simultaneous Regional Head Elections in Indonesia have proven to contribute significantly to a very pluralistic national political system. Increasing the capacity and performance of Islamic political parties directly influences the quality of democracy and the performance of the political system in Indonesia, so that the role of Islamic Political Parties needs to be improved, both in capacity, quality and performance in order to realize the quality of democracy in Indonesia. The birth of Islamic parties in Indonesia today has added to the treasures of democracy in Indonesia, this birth phenomenon is thought to be a manifestation of the re-presence of Islamic political power. The quality of democracy can be influenced one of them through the implementation of simultaneous regional head elections in 2018 which are carried out in a constitutional, peaceful, honest and fair manner. The quality of democracy is also determined by the existence of democratic institutions, actors of democracy, actors' relations with institutions, public issues, and the capacity and strategy of democratic actors in linking between political party platforms that carry candidates with issues of public interest. The success of the substance of the implementation of the Regional Head Election simultaneously can be measured from the effectiveness of the syste
Post-Islamisme dan Gerakan Politik Islam Dalam Sistem Demokrasi Indonesia
Get PDFIndonesia is a country with a majority Muslim population that implements a democratic system. Based on this democratic system, non-muslims constitutional systems can coexist and play an active role in carrying out religious values in the public sphere as a very visible feature. Nonetheless, the relationship between Islam and the state in the course of Indonesian history always experiences ups and downs. In one period of Indonesian history, Islamic politics was a peripheral thought and movement and even considered a threat to democracy and the value of modernity, because Islamic groups struggled to maintain the ideology of Islamism with the aim of establishing an Islamic state, or at least implementing a traditional Islamic legal system to a modern Indonesian society. However, as the development of the Islamic world coincided with efforts to democratize the Indonesian state, Islamic politics also changed its direction to adjust to these conditions. Islamic groups become more accommodating to the values of democracy and modernity, without having to leave their Islamic identity. This last phenomenon is known as post-Islamism as a socio-political movement in the life of the nation and state in Indonesia.Indonesia merupakan negara dengan penduduk mayoritas Muslim yang menerapkan sistem demokrasi untuk tatanegara dan politiknya. Berdasarkan sistem demokrasi tersebut, sistem ketatanegaraan yang non-agamis dapat hidup berdampingan dan berperan aktif untuk menjalankan nilai-nilai agama di ruang publik sebagai fitur yang sangat terlihat. Meskipun demikian, hubungan antara Islam dan negara dalam perjalanan sejarah Indonesia selalu mengalami grafik yang naik dan turun. Di satu periode sejarah Indonesia, politik Islam merupakan pemikiran dan gerakan yang periferal dan bahkan dianggap sebagai ancaman bagi demokrasi dan tata nilai modernitas, karena kelompok Islam berjuang untuk mempertahankan ideologi Islamisme dengan tujuan mendirikan negara Islam, atau setidaknya menerapkan sistem hukum Islam yang tradisional dalam tata hukum nasional yang modern. Namun seiring perkembangan dunia Islam bersamaan dengan upaya demokratisasi negara Indonesia, politik Islam pun merubah arah tujuannya untuk menyesuaikan kondisi tersebut. Kelompok Islam lebih mengakomodasi nilai-nilai demokrasi dan modernitas, tanpa harus meninggalkan identitas keislamannya. Fenomena terakhir inilah yang dikenal sebagai post-Islamisme sebagai suatu geraka sosio-politik dalam kehidupan berbangsa dan bernegara di Indonesia
Hudud Terhadap Pencurian dan Penodongan atau Perampokan Dibandingkan Dengan Ketentuan Hukum Pidana Positif Indonesia
Get PDFAllah exaggerated the threat of punishment for the perpetrators of the hijab above the threat of punishment for the perpetrators of murder or theft. This threat applies not only if the acts of hirabah are committed to Muslims, but also if they are carried out to other religious people who live under Islamic rule. Allah has mentioned the forms of punishment for the perpetrators of hirabah crimes, namely being killed (if they are only human lives without robbery), killed by crucifixion (if killing and seizing the victim's property), crossing their arms and legs crossed (those who only seizing property and not killing the victim), disposed of (if only the perpetrator commits terror or scares the victim by threatening). The threat of punishment for violent theft according to Article 365 of the Criminal Code is: Article 365 paragraph (1) of the Criminal Code (imprisonment for a maximum of nine years), Article 365 paragraph (2) of the Criminal Code (imprisonment for a maximum of twelve years), Article 365 paragraph (3) of the Criminal Code (jail sentence of fifteen years at the most). Article 365 paragraph (4) of the Criminal Code (capital punishment or life imprisonment or for a certain period of twenty years at the most)
Hukum Mencegah Kehamilan Perspektif Imam Ghazali dan Syekh Abdullah Bin Baaz
Get PDFThis article discusses the law of preventing pregnancy from the perspective of Imam Ghazali and Sheikh Abdullah bin Baaz. Preventing pregnancy according to Islamic law is permissible. Delaying pregnancy means preventing the pregnancy temporarily, to give a distance to the previous birth. While limiting pregnancy has the meaning of preventing pregnancy forever after having a certain number of children. Pregnancy restrictions like this, are not allowed. Shaykh Abdullah bin Baaz argues that preventing pregnancy, either by 'azl, pills, condoms, and so on is basically haram because it is contrary to maqasid shari'ah, which limits the existence of offspring, but then there are exceptions that make the law permissible, namely because the existence of a dharurat. This is different from Imam Ghazali's assertion, that the Family Planning law which is based on the ‘azl law is permissible because there is no text that shows the prohibition
Kategori Perkawinan Belum Tercatat dalam Blangko Kartu Keluarga Perspektif Yuridis
Get PDFThis article discusses marital status in a family card that has a registered marriage and an unregistered marriage. The important question to be answered through this article is that the legal basis for making the marriage category has not been recorded as one of the marital status in the family card blank. The analysis is carried out using the applicable laws and regulations namely Law Number 1 of 1974 concerning Marriage, Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law, and Regulation of the Minister of Religion of the Republic of Indonesia Number 19 of 2018 concerning Marriage Registration. Changes in marital status in family card blanks regulated in Minister of Domestic Affairs Regulation Number 118 of 2017 concerning Family Card Blanks, Registration and Quotation of Civil Registration Deed, caused the Directorate General of Population and Civil Registration of the Ministry of Home Affairs of Indonesia to make the development of the population database change to SIAK 7. This change has caused the registration of marriages which initially functioned to guarantee legal order as instruments of legal certainty through proof of marriages, to be disorderly in the law. It is because in the long-term marriages have not been recorded and remain facilitated by the state through fulfillment of administrative rights