RUMAH JURNAL IAIN PONOROGO
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Fidusia: Kajian Terhadap Perjanjian Jaminan di Bawah Tangan
Get PDFThis study aims to analyze the concept of fiduciary in a handwritten collateral agreement and its implications in legal practice in Indonesia. This study explores the legal validity, executory power, and legal risks arising from unregistered fiduciary agreements. The research method used is library research with a juridical-normative approach. The research sources include the Fiduciary Guarantee Law, court decisions, and relevant legal literature. The results of the study show that underhand fiduciary agreements have weaknesses in the aspect of legal protection for creditors, especially in the process of collateral execution. The non-registration of fiduciary rights results in the inability to directly enforce executory rights, creating the potential for legal disputes. This study emphasizes the importance of registering a trust to provide legal certainty and stronger protection for parties in collateral agreements
Shah Wali Allah al-Dihlawi: Pemikir di Masa Krisis dan Pengaruhnya Terhadap Gerakan Islam di India
Get PDFThis study aims to analyze the thoughts of Shah Wali Allah al-Dihlawi in the context of the socio-political crisis that plagued India during his time and its influence on the Islamic movement in the region. This study explores the ideas of Islamic reform that he offered, including the reconstruction of fiqh, Sufism, and Islamic political thought. The method used is library research with a descriptive-analytical approach to the works of Shah Wali Allah, such as Hujjatullah al-Baligha, as well as academic research discussing his influence. The results of the research show that Shah Wali Allah attempted to respond to social disintegration through a synthesis between Sunni teachings and Sufism, as well as calling for the reform of Islamic education and government. His thoughts inspired Islamic reform movements in India, including Darul Uloom Deoband and others. This study confirms that his thoughts remain relevant in contemporary Islamic discourse
Diskriminasi Gender dan Agenda Islam Untuk Penegakan Martabat Perempuan
Get PDFThis study aims to analyze the phenomenon of gender discrimination and explore the Islamic agenda in upholding the dignity of women. The method used is juridical-normative research with a descriptive-analytical approach, through a study of Islamic texts, legal regulations, and social realities related to gender issues. The results show that gender discrimination still occurs in various aspects of life, including education, employment, and legal rights. Islam as a holistic value system has actually emphasized equality and respect for women, but its implementation is often influenced by cultural factors and biased interpretations. Therefore, a more contextual reinterpretation of Islamic law and policies that support gender justice are needed. This study affirms that Islam has strong principles in upholding women's dignity through social justice and the protection of their rights
Elderly in Nursing Homes: Between Birr al-Wālidayn Obligations and Social Dynamics In Banten Province
Get PDFThe rising trend of placing elderly parents in nursing homes in Banten Province raises questions about its compatibility with Islamic values, particularly the obligation of birr al-wālidayn. This study is grounded in the tension between modern socio-economic demands and religious expectations that children provide direct care for their parents. The objective is to examine this practice through the lens of maqāṣid al-sharī‘ah and assess whether it can still reflect birr al-wālidayn within a changing social context. A qualitative approach was employed, using observations and in-depth interviews with families, nursing home staff, and religious leaders. The analysis draws on credo theory, legal authority theory, social change theory, fatwa evolution theory, and fishbone analysis. Findings indicate that social, economic, and legal factors influence the decision to institutionalize older people. When guided by principles of protection and well-being, such practices can align with Islamic teachings. The study contributes theoretically and practically to developing elderly care policies that are religiously grounded and responsive to contemporary societal dynamics
Jihad Dalam Perspektif Sejarah Pemikiran Islam
No full textThis study aims to examine the concept of jihad in various historical periods of Islamic thought and how its meaning has developed in line with the social and political context of Muslims. The method used is qualitative with a historical-analytical approach, through a literature review of classical and modern sources that discuss jihad. The results show that jihad is not always synonymous with warfare (qital), but has spiritual, social, and intellectual dimensions. In the history of Islamic thought, the concept of jihad has been reinterpreted, from physical struggle against the enemy to efforts to improve oneself and society. This broader interpretation of jihad reflects the dynamic needs of the ummah in various situations. Therefore, the understanding of jihad must be contextual, focusing not only on the military aspect, but also on the contribution to the progress of the ummah and humanity as a whole
Kontroversi HAM dan Budaya
Get PDFThis study aims to analyze the controversy between human rights and culture, especially in the context of differences in universal values and local wisdom. The method used is qualitative with a descriptive-analytical approach, through a literature review of international human rights documents, cultural theory, and cases that reflect the clash between human rights and local traditions. The results showed that tensions between human rights and culture arise due to differences in perspectives in interpreting individual rights and social norms. On the one hand, human rights emphasize equality and universal freedom, while culture is often based on diverse community values. This study emphasizes that a dialogical and contextual approach is needed to bridge these differences, so that the application of human rights can be aligned with cultural dynamics without neglecting the principles of justice and humanity
Menyuntik Ushul Fiqh Dengan Filsafat
No full textThis study aims to explore the integration of philosophy in ushul fiqh to enrich the methodological approach in understanding Islamic law. The philosophical approach is expected to provide a more rational and contextual perspective on the concepts in ushul fiqh. The method used is a literature study by analyzing classical and contemporary sources related to ushul fiqh and philosophy. The analysis was carried out descriptively and critically to identify the relevance of philosophical thought in the study of ushul fiqh. The results showed that a philosophical approach can deepen the understanding of the concepts of qiyas, maqashid shariah, and istihsan, as well as increase flexibility in the application of Islamic law in the modern era. This integration opens up space for a more adaptive renewal of Islamic law without losing its normative essence. Thus, philosophy can be an important instrument in developing a more dynamic and contextual ushul fiqh
Manajemen Pemerintahan Umar: Studi Dasar-dasar Pemerintahan Modern Dalam Islam
Get PDFThis study aims to analyze the governance of Umar bin Khattab and its relevance to the principles of modern governance in Islam. Umar is known as a leader who implemented effective administrative, economic, and legal policies based on the principles of justice, transparency, and the welfare of the people. This study uses a qualitative method with a literature study approach, examining sources of Islamic history and modern governance literature. The results showed that Umar's administrative system included state financial governance, an independent judicial system, and the principle of openness in public policy. The concepts of leadership and bureaucracy that Umar applied are similar to the principles of good governance in modern government. This study emphasizes that Umar's model of government can be an inspiration in the development of an Islamic system of government that is adaptive and responsive to the needs of contemporary society
Kritik Nalar Ushul Fiqh: Telaah Komentar Ibnu Rushd Atas Ushul Fiqh al-Ghazali
No full textThis study aims to examine Ibn Rushd's criticism of al-Ghazali's usul fiqh reasoning, especially in the aspects of methodology and rationality of Islamic law. Ibn Rushd, as a philosopher and faqih, tried to balance philosophical reasoning and shar'i rules in responding to al-Ghazali's approach, which was considered too theocentric and Sufi. This study uses a qualitative method with a literature study approach, analyzing the main works of both figures such as al-Mustashfa and Bidayat al-Mujtahid. The results show that Ibn Rushd criticized the tendency towards subjectivity in the istihsan and maqashid methods used by al-Ghazali, and emphasized the importance of a rational approach and logical consistency in the istinbath of law. This study shows the intellectual dynamics in classical usul al-fiqh, as well as Ibn Rushd's contribution to strengthening the framework of Islamic legal rationality
Kawin Paksa Perspektif Sosiologis dan Psikologis
Get PDFThis study aims to analyze the practice of forced marriage from sociological and psychological perspectives, as well as its impact on individuals and society. Using qualitative methods and a literature review approach as well as supporting empirical data, this study examines the socio-cultural factors that perpetuate forced marriage, such as the pressure of tradition, patriarchy, and community norms. Psychologically, this study reveals the negative impact of forced marriage on the mental health of victims, such as trauma, depression, and a decline in quality of life. The results of the study show that forced marriage not only violates the individual's right to freedom of choice of partner, but also causes long-term damage to the social and emotional development of the victim. This study emphasizes the importance of a multidisciplinary approach in dealing with the issue of forced marriage, as well as the need for stronger education, regulation, and legal protection