Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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LIFE INSURANCE IN POSITIVE LAW AND ISLAMIC LAW IN INDONESIA
Get PDFLife insurance is an agreement made by an insurance company to its customers that if the customer experiences a risk of death in his life whether in the form of an accident or due to illness, then the insurance company will provide compensation with a certain amount of money in accordance with the premiums paid for being a customer of the insurance company to heirs of the customer. Conventional Insurance and Syariah Insurance are both tasked to manage and cope with risk, it\u27s just that in Syariah Insurance the management concept is carried out using a pattern of mutual risk between managers and participants (risk sharing) or called at takaful and at tadhamun. While in conventional insurance the work pattern is to transfer risk from the customer (participant) to the company (manager), which is called risk transfer. So that the risks regarding the participants will be fully borne by the manager
DOES MANAGEMENT OF PRODUCTIVE ZAKAT AFFECT ON MUSTAHIQ EMPOWERMENT IN BAZNAS SOUTH SUMATRA?
Get PDFThis research aims to discover the influence of management of productive zakat on the mustahiq in the BAZNAS South Sumatra province, Indonesia. Data collection method used in this research utilized questionnaire in likert scale. Wherein all of 30 residents (population) are being used as sample (census technique). The F test, t test and the coefficient determinan (R2) showed that management of productive zakat has a positive and significant impact on mustahiq empowerment in (BAZNAS) south sumatra province
Keyword: the management of productive zakat, empowerment of mustahiq
OMBUDSMAN OF THE REPUBLIC OF INDONESIA SUPERVISION OF NOTARY SUPERVISORY COUNCIL
Get PDFNotary Supervisory Council (MPN), which is suspected of having maladministration in the form of lengthy delays in the rapporteur\u27s certainty about his report to the notary, so that the rapporteur reports to the Ombudsman. The Ombudsman, as a government agency for civil servants, has the power to monitor service providers, including those provided by the Notary Board (MPN). The urgency of this research is to review the legality of the Ombudsman in overseeing the MPI. This research is normative and empirical legal research that uses qualitative analysis. This research shows that the MPN is authorized to supervise and supervise notaries in the provision of public services in the form of administrative services and services, so that the MPN is under the Ombudsman\u27s supervision. The Ombudsman\u27s completion of reports of alleged maladministration by the MPN relies on public reports and then follows them up according to the Ombudsman\u27s authority. The Ombudsman examined and followed up the report so that the MPP immediately forwarded the decision to the notary with a written warning.
Key words: Supervision, Ombudsman, the Brethren of the notar
MAQASHID AL-SYARI’AH CONCEPT OF KAFA’AH IN MARRIAGE
Get PDFBasically, kafa\u27ah in a marriage is equality, compatibility or proportionality between the prospective bridegroom and bride. Kafa\u27ah in terms of religion is a necessity for a Muslim who is going to get married. One of the important things that must be done before marriage is considering several things such as nasab, religion, belief, profession, freedom, and property. However, nowadays, many couples do not heed the Kafa\u27ah criteria,and even many marriages happen between men and women with significant age difference. For example, a marriage between an old woman and a very young man, or vice versa. Considering these phenomena in the society, then the concept of maqasid al-shari\u27ah or the purpose of Islamic law is an important discussion to look at the marriage practices in the society. This is very much related to the protection of religion, soul, mind, descendant and wealth. This study analyzedlarge age disparity marriage practicesin Karang Endah village, by using the concept of ushul fiqh. The type of qualitative research used was ethnography. Research data were obtained through the use of some references such as books, journals, articles relating to the object under study. The results of this study indicated that a large age gap marriageoccurred in Karang Endah village wasbased on emotional factors of the couple. In Islam, this kind of marriage does not contradict the syari\u27ah rules, because Islam does not explicitly explain the age limit to be categorized as an adult. Therefore, referring to the concept of maqashid al-syari\u27ah, it could be concluded that large age disparity marriage occurred in Karang Endah village was carried out to protect religion, lives, and offspring of the couples.
Keywords: Marriage, Kafa\u27ah, Age Disparity, Maqasid al-Syari\u27a
CONCRETIZATIONOF URGENT REASON AND SUFFICIENTEVIDENCE IN PROVIDING MARRIAGE DISPENSATION FOR CHILDREN BY THE JUDGE
Get PDFThe article discusses the concretization of urgent reasons and sufficient evidence for granting marriage dispensations in Law Number 16 Year 2019. This purpose of this study is how to concretize urgent reasons and sufficient evidence by the judge inproviding marriage dispensations for children. Researchers used empirical legal research methods and primary legal materials, secondary legal materials and primary data obtained through interviews with Syar’iyah court judges. Data analysis was performed prescriptively to provide an assessment of the implementation of the Marriage Law. The results showed that the petition for marriage dispensation for children after the legitimation of Law Number 16 Year 2019 increased despite being complicated by the Supreme Court Regulations and it was resulted that the age of the petitionfor marriage dispensation between 15 and 19 years old. Children must attend the court for obtaining the advice related to the risk of child marriage. Concretization of the urgent condition and sufficient evidence is carried out with observing the facts at thecouncil, namely worrying about acts that are prohibited from religion, getting pregnant out of wedlock and doing tandem (khalwat). The sufficient evidences were concreted by the judge. He/She requested the witnesses who knew the background of the parents and prospective husband/ wife attended the council to investigate the reasons for the marriage of the child and proof of marriage rejection from the KUA, Child Identity Cards, birth certificates and final diplomas. It is recommended that judges must prioritize the best interestfor the children and the reproductive health certificate from the hospital should be requested
IMPLEMENTATION OF RELIGIUSITY AND LOCAL FUNCTION IN DEVELOPMENT OF OFFICE HUMAN RESOURCES MINISTRY OF RELIGION PALOPO CITY
Get PDFThis study aims to determine whether the religiosity variable that focuses on the dimension of worship practices by discussing two aspects in it, namely obedience and rituals and local wisdom which consists of the culture of "sipakatau", "sipakalebbi" and "sipakainge" have an influence on human resource development, also researching about the practices of worship that have been carried out by employees of the Ministry of Religion Office of the City of Palopo and how the implementation of local wisdom is meant in the development of human resources. This research is descriptive quantitative research using data collection techniques by distributing questionnaires, interviews and literature. The analysis technique used with multiple linear regression analysis. The results of the study show that the form of religious activity as a form of religiosity that has been carried out in the office of the Ministry of Religion of Palopo City has 2 main things, namely relating to ritual and strictness as a form of the dimensions of religious practice. Both of these aspects, namely the ritual aspects and obedience aspects in general, have been carried out and carried out at the office of the Ministry of Religion in the city of Palopo.
Keywords: religiosity, local wisdom, Human Resources Ministr
VALIDASI ARAH KIBLAT MASJID DENGAN BAYANG – BAYANG KIBLAT (STUDI KASUS MASJID DI KECAMATAN ILIR BARAT II KOTA PALEMBANG)
Get PDFSebagaimana sebuah penelitian terhadap suatu masalah barang tentu sampai pada kesimpulan, dimana dari kesimpulan tadi dimungkinkan untuk diadakannya perbaikan, sehingga apa yang telah dilaksanakan dapat lebih baik dan disempurnakan sesuai dengan sasaran dan harapan.
Berdasarkan pemamparan dan pembahasan tentang pengukuran arah kiblat di kecamatan Ilir Barat II Kota Palembang, cara pengukurannya dan hasil dari penelitian dalam bab-bab sebelumnya, maka dapat ditarik kesimpulan sebagai berikut:
Dari hasil penelitian lapangan yang sudah dilakukan terhadap masjid yang dijadikan sampel di kecamatan Ilir barat II kota palembang, maka mayoritas arah kiblat masjid yang berada di kecamatan Ilir Barat II Kota Palembang akurat, dan hanya 1 (satu) masjid di Kelurahan Kemang Manis (Masjid Jami Ámaliah) yang tidak akurat dalam mengalami penyimpangan -10° walaupun dalam penelitian ini telah diberikan toleransi penyimpangan arah kiblat sebesar +5° dan -5°.
Dari hasil wawancara dengan pengurus masjid di Kecamatan Ilir Barat II Kota Palembang diperoleh keterangan bahwa masjid yang ada di kecamatan tersebut telah dilakukan pengukuran dengan metode atau menggunakan kompas kiblat yang dilakukan oleh kementerian agama setingkat.
Dari penelitian yang sudah dilakukan, ternyata masyarakat di kecamatan Ilir Barat II Kota Palembang cenderung memakai metode taqribi dalam menentukan arah kiblat masjid. Hal ini dikarenakan penggunaan metobe taqribi lebih mudah dan praktis dibandingkan dengan metode tahqiqi
MENELAAH PELAKSANAAN PENGANGKATAN HAKAM PADA PERKARA SYIQAQ DI PENGADILAN AGAMA INDONESIA DAN MAHKAMAH SYAR’IYAH MALAYSIA
Get PDFSyiqaq is a constant dispute and quarrel between husband and wife. To overcome the problem of syiqaq, then Allah SWT has arranged it directly in the Qur\u27an, the letter an-Nisa (4) verse 35, namely by adopting the hakam that comes from the family of each party to reconcile the two husband and wife. The implementation of the appointment of the rights applied in the procedural law of the religious court in Indonesia is not imperative, it all depends on the judge\u27s judgment. Hakam in the Indonesian Religious Court only functions to reconcile the two parties (husband and wife) who are at loggerheads and not the authority to decide. So Hakam only serves as a mediator not an arbitrator. At the Malaysian Syar\u27iyyah Court, Hakam must obtain full authority from his principal. Husband may give full authority to the husband Hakam to pronounce divorce to his wife before the Court, and the wife can give full power to his wife Hakam to do khuluk or accept Lafaztalak before the Court.
keywords: Hakam, Pengadilan Agama, Mahkamah Syar’iyyah
 
PENELUSURAN IDE, EKSPEKTASI MAHASISWA DAN DOSEN PROGRAM STUDI JINAYAH TERHADAP IKLIM PEMBELAJARAN
Get PDFExpectation is a trigger factor for a person\u27s activities in life. If someone finds reality that is in accordance with his expectations, it will encourage enthusiasm in life. In addition to ideas, this is understood as something that comes out of someone\u27s mind that provides various concepts to overcome and enhance the values of life for themselves and others. Associated with the learning process, ideas and expectations are intended to explore within the scope of the process of improving the quality of learning undertaken. The search for ideas and expectations of students, and lecturers on the learning model that should be applied will be very useful to find a common thread of problems that occur in the learning model that has been used so far that the quality of the results does not meet expectations to the fullest. This article explored integrate ideas and concrete steps for the formulation of learning models that meet people\u27s expectations indirectly, because basically between students and lecturers are two elements that need each other in the context of scientific transformation
ANALYSIS OF AL-LAJNAH AL-DAIMAH LI AL-BUHUS AL-ILMIYAH WA AL-IFTA FATWA RELATED TO THE PHENOMENON OF DOWRY MEMORIZATION OF AL-QUR\u27AN
Get PDFThe millennial generation lately, many who give dowry marriage outside the habits of society in general (a set of prayer tools or rings), but dowry in the form of memorization of the al-Qur’an. The opinion that developed at this time was that the dowry was more stable and primary compared to other dowries. There are concerns about the loss of women\u27s rights because the dowry is not material. Then the giving of the dowry for memorizing the al-Qur’an needs to be reviewed with an appropriate legal formulation. Responding to this phenomenon, the Saudi Arabian fatwa institute also issued a fatwa related to the ruling on memorizing the al-Qur\u27an. This research is a literature review using an empirical juridical approach, while the data collection method was done through documentation and interviews. This study found that the phenomenon of giving the Dowry memorization of the al-Qur’an was a problem that had occurred during the time of the Prophet, but has reappeared lately with opposing motives and backgrounds. Then the purpose of this study is to bring up and clarify the legal status of the phenomenon. The results showed that the law of giving dowry in the form of memorizing the al-Qur\u27an was not permitted.
Keywords: Dowry, Memorization of the Qur\u27an, Al-Lajnah al-Daimah Li al-Buhus al-IlmiyahWa al-Ifta