Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
Not a member yet
974 research outputs found
Sort by
Parenting Bagi Orang Tua Muda di Pusat Pembelajaran Keluarga Surabaya Perspektif Abdullah Nashih `Ulwan
In this information and technology era, families face many challenges, especially in terms of childcare. The many social issues related to the family, especially the role of parents, make government institutions take the initiative to build family resilience by providing parents with knowledge about parenting. This article intends to highlight parenting activities for young parents held by the Surabaya City Government through the Puspaga (Family Learning Center) program. This program is intended to increase the knowledge of young parents about parenting towards children and make them aware of the importance of knowledge about parenting as a provision to foster harmonious families. Data was collected using interview techniques with participants and Puspaga administrators and documentation techniques. To assess this practice, the author uses child education theory according to Abdulloh Nashih 'Ulwa who emphasizes education in the fields of faith, morals, physical, psychological, resourceful, and social. The parenting program for young parents held by Puspaga is compatible with the concepts of Islamic education according to Abdullah Nashih 'Ulwa
Perkawinan Beda Agama Perspektif Majelis Ulama Indonesia dan Muhammadiyah
This article discusses interfaith marriage law according to the fatwa of the Indonesian Ulema Council and Muhammadiyah. According to the MUI’s fatwa, interfaith marriages are unlawful with the proposition of chapter of al-Baqarah verse 221. While Muhammadiyah believes interfaith marriages are permissible on the basis of al-Maidah verse 5. MUI forbids interfaith marriages because it can lead to conflicts between Muslims and cause unrest in the community. Muhammadiyah allows interfaith marriages because in Islamic history it is known that the Prophet Muhammad was married to a Christian woman from Egypt, namely Maria al-Qibthiyyah. Some of the Companions of the Prophet also married the women of the Book. MUI equates ahlu al-Kitab (Nashrani and Jewish) including the category of polytheists, while Muhammadiyah considers that women from ahlu al-Kitab does not include polytheists as stated in chapter al-Baqarah verse 221. This is because according to Muhammadiyah there are many verses that distinguish between ahlu al-Kitab and polytheism by considering the linguistic analysis in chapter al-Baqarah verse 105 and al-Bayyinah verse 1
Idiosinkrasi Istri dalam Mencarikan Pasangan Baru Bagi Suami Perspektif Gender
The ideology of a wife in finding a new wife for her husband is considered to be another behavior of most wives in general. Every wife will not want to be polygamy by her husband, but in contrast to the behavior of the wives in the polygamy community is destiny, the majority of wives in the community are competing in achieving God's blessing by finding a new wife for her husband. The wife's behavior is not in the context of pressure from anywhere, which means finding a new wife for the husband purely from his own initiative. With the afterlife orientation, the wives seek, choose and also prepare the husband's marriage with a new wife. There are several motives that influence the idiosyncracy of these wives, including economic, religious, traditional and political motives. In the gender context of a marriage must meet four indicators namely access must be owned by each husband and wife in the family, get a fair role for what the husband and wife do, exercise the same rights and obligations especially in decision making in the family, and benefit from each other in domestic life. In practice polygamy families will have difficulty meeting the four indicators above. Because initially in the condition of the household not always together so that it will affect access, the division of family roles and responsibilities, especially in making all household decisions. Even though there are several motives in polygamy initiated by the wife, it will still have an impact that is vulnerable to family conflicts
Analisis Hukum Islam terhadap Jual Beli Online
This article discusses the analysis of Islamic law on buying and selling online. This research is literature and qualitative research. Data were collected through books, journals, and documents and analyzed descriptively. The study results conclude that buying and selling online is a sale and purchase transaction of goods carried out by two parties, namely the seller and the buyer, through the internet. In Islamic law, buying and selling online is legal, and the contract is valid on the condition that the goods purchased are halal and have precise specifications, the goods to be bought are following their needs. The buyer has the right to cancel or accept if the goods are not following the order. The sale and purchase are considered fi hukm ittihad al-majlis (in the position of one assembly). Ittihad al-majlis can be interpreted in three ways, namely ittihad al-makan (one place) and ittihad al-zaman (time of time), and ittihad al-haiah (one position). With modern communication media, it is possible to unite two places that are far apart, so that the two places are considered to be one (taaddud al-makan fi manzilah ittihad al-makan). Online buying and selling transactions carried out in two far apart areas are included in ittihad al-majlis in the ittihad al-zaman category (one time).Islam allows buying and selling online as long as there is no element of fraud between the two parties in the contract. It has fulfilled the conditions and pillars following the provisions of Islamic law
Pemikiran Ekonomi Syariah Menurut Muhammad Abdul Mannan dan Muhammad Baqir Al-Sadr
This article discusses Islamic economic thinking according to Muhammad Abdul Mannan and Muhammad Baqir as-Sadr. The purpose of writing this article is to find out the similarities and differences in the economic thought of Muhammad Abdul Mannan and Muhammad Baqir as-Sadr. This research is library research and is qualitative. The data were obtained through books, journal articles, and the internet, especially those discussing Islamic economics and the works of Muhammad Abdul Mannan and Muhammad Baqir as-Sadr. The data collected were analyzed comparatively. The study results conclude that Mannan and as-Sadr have the same thoughts in terms of income distribution to ensure the welfare of all elements of society in a country. The economic problem does not lie in production or the scarcity of resources, but rather due to unequal and unfair distribution due to the financial system that allows the exploitation of the strong against the weak. According to Abdul Mannan, the difference between Baqir and Mannan's thoughts is that production can combine the traditional economy and the market. At the same time, Baqir As Sadr only supports government planning and does not consider market forces. M. A. Mannan allowed private ownership, while Baqir Ash-Sadr limited private ownership to use rights only
Analisis Kedudukan Adat dalam Hukum Waris Islam dan Hindu Beserta Implikasinya
Tradition/’urf is recognized by Islamic law as a legal basis with several conditions. While the use of tradition in the distribution of inheritance is not justified because it is contrary to the provisions of Islamic inheritance which are qat‘iyah al-dilalah and qat‘iyah al-wurud. The distribution based on tradition that can be done with the agreement of the heirs, after knowing their respective parts and no one is harmed, as in article 183 of KHI. Tradition in Hindu is recognized as a source of law, which becomes law and also applies as a law with conditions that are appropriate with atmavan. The position of tradition in inheritance law has been recognized and legalized its enforcement in an area, varna, company or village based on Sloka 40 parts 60 chapter 7, Artas#astra book. Both Islamic and Hindu laws create tradition as the basis for law enforcement. The use of tradition in the distribution of inheritance is not justified by Islam because of it contradicts with Syara’ argument. However, the distribution based on tradition can be done with the agreement of the heirs, according to article 183 of KHI. In contrast, Hindu law legalizes customary enforcement in an area, varna, company or village as inheritance law based on Sloka 40 parts 60 chapter 7, Artas#astra book
Sinergitas Ulama dan Umara: Artikulasi dalam Penyelesaian Kasus Sara tentang Pemasangan Lafaz Allah pada Ornamen Pohon Natal di Hotel Novita Jambi
This article aims to elaborate on the response to the process of resolving the blasphemy case that occurred in one of the hotels in Jambi. There was found the installation of Allah's label on the floor of the Christmas tree ornaments. Based on studies in the field, it was found that this case included ethnicity, race, religion and class nuance cases (SARA) and it had to be resolved immediately, because it could potentially lead to religious conflict and mass amok. The results of the study show that Firstly, the Government (leader) along with its ranks and Ulama (clerics) together with Islamic Organizations responded quickly to the blasphemy event by holding meetings and agreeing that the case should be resolved immediately so as not to cause religious conflict. Secondly, both Ulama and Umara (leader) worked together and discuss (sit and talk) a quick step in resolving the case and trying to calm the public so that they did not commit vigilante acts. The synergy pattern that is intertwined and articulated here has resulted in a swift, accurate solution to the resolution of the case and can immediately restore a supportive atmosphere for the people of Jambi.Artikel ini bertujuan untuk mengurai respon dan proses penyelesaian kasus penistaan agama yang terjadi di salah satu hotel di Jambi, di sana ditemukan Pemasangan lafaz Allah pada lantai ornamen pohon natal. Dari studi di lapangan didapatkan bahwa kasus ini termasuk kasus bernuansa sara dan mesti segera diselesaikan, karena berpotensi menimbulkan konflik agama dan amuk massa. Hasil Penelitian menunjukkan Pertama, Pemerintah (Umara) bersama jajarannya dan Ulama bersama Ormas Islam merespon dengan cepat peristiwa penistaan agama tersebut dengan melakukan pertemuan dan bersepakat agar kasus tersebut harus segera diselesaikan agar tidak menimbulkan konflik agama. Kedua, Baik Ulama maupun Umara bersinergi duduk bersama dan membicarakan (sit and talk) langkah cepat penyelesaian kasus tersebut dan berupaya menenangkan masyarakat agar tidak melakukan tindakan main hakim sendiri. Pola Sinergitas yang terjalin dan terartikulasi di sini telah menghasilkan out put penyelesaian kasus dengan cepat, akurat dan dapat segera mengembalikan suasana kondusif bagi masyarakat Jambi
Implementasi Peraturan Bupati Gunungkidul Nomor 36 Tahun 2015 Tentang Pencegahan Perkawinan Pada Usia Anak dalam Perspektif Maslahah Mursalah
Regent Regulations (Perbup) of Gunungkidul Number 36 Year 2015 Concerning Prevention of Marriage at the Age of Child is a special regulation regarding the efforts, programs, actions, activities used by the government agencies of Gunungkidul Regency in order to prevent and reduce the number of marriages at the age of child. Wonosari Religious Court statistics show a decrease in the number of submissions for marriage dispensations from 2015 to 2017 after the enactment of this regulation. In 2015 there were 109 cases of marriage dispensation, in 2016 there were 85 cases of marriage dispensation, in 2017 there were 65 cases of marriage dispensation. In its implementation, this regulation has benefits because it forms the basis of human life (maslahah dharuriyyah). This regulation has also answered the problems that humans need to eliminate the difficulties they face (maslahah hajiyyah). In addition, this regulation has preserved the wisdom and goodness of manners and social and cultural beauty (maslahah tahsiniyyah). Seen from its implementation, Perbup Gunungkidul Number 36 of 2015 concerning Prevention of Marriage at the Age of Child is in accordance with the principles of problem solving
Pemberian Hak Hadanah Kepada Ibu Tiri dalam Putusan Pengadilan Agama Sidoarjo Nomor: 0763/Pdt.G/2018/Pa.Sda Perspektif Maslahah Mursalah
This article is a library research on the granting of rights to stepmothers in the decision of the Sidoarjo Religious Court Number: 0763/Pdt.G/2018/PA.Sda. The research data are collected using documentation techniques and are analysed using descriptive analysis techniques and using a deductive mindset that is by outlining the decision of the Sidoarjo Religious Court which is then reviewed from the perspective of maslahah mursalah. The panel of judges in determining the right of gift to stepmothers in the Sidoarjo Religious Court's decision, based on article 41 letter (a) of Law Number 1 of 1974 jo. article 105 and article 156 letter (a) Compilation of Islamic Law and the proposition in the book Bajuri juz II. In addition, a willingness from the Defendant who is the biological father of the child to give the right of gift to the Plaintiff's Reconstruction is a point that is included as consideration by the panel of judges. In Islamic law which is examined from the theory of maslahah mursalah, the judge's consideration to establish the right of hadanah to the stepmother in the Sidoarjo Religious Court's ruling is in accordance with the purpose of the hadanah namely to prioritize the interests and benefit of the child so that later he or she can grow into a good person under the care of an appropriate person, even though the child is not a biological child of the Reconvention Plaintiff, the Reconvention Plaintiff is in fact more feasible and competent to have the right of hadanah
Analisis Maslahah Mursalah Terhadap Pendapat Penghulu KUA Wonocolo Surabaya Tentang Nilai Mahar
This paper is the result of research using field research methods to answer two questions, that is: how is the view of the head of KUA Wonocolo in carrying out the registration of marriages with low value for dowry and how is the analysis of the mas}lah}ah mursalah in fiqh and KHI on the view of the head of KUA Wonocolo in carrying out the registration of marriage which is nominally small. Data collection in this research was taken through interviews and documentation and then the data were analyzed using editing and organizing techniques. The opinion of the head of the KUA regarding the rejection of submissions for dowry with a small penalty occurred at KUA Wonocolo, Surabaya. According to the KUA Wonocolo, the dowry price can be an indicator of marriage readiness for the bride and groom. the opinion of the head of KUA regarding the dowry boundaries used by the head of KUA Wonocolo is based on the concepts of fiqh and KHI, which then the authors analyze with the concept of maslahah mursalah. The results of this research conclude that the aim of the head of KUA Wonocolo argues that he rejects the submission of dowry with a small penalty because, it is considered not to show the seriousness of the prospective husband to foster a household with his future wife and the opinion of the head of KUA Wonocolo is in accordance with the concept of mas}lah}ah mursalah