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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Syariah: Jurnal Hukum dan Pemikiran Jurnal Al-Dustur Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah Ministrate: Jurnal Birokrasi dan Pemerintahan Daerah Eco-Iqtishodi : Jurnal Ilmiah Ekonomi dan Keuangan Syariah Al-Manahij : Jurnal Kajian Hukum Islam ISLAMICA : Jurnal Ilmu-Ilmu Agama Islam Strata Social and Humanities Studies Cantaka: Jurnal Ilmu Ekonomi dan Manajemen
Mukhlas, Oyo Sunaryo
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Analisis Kerangka Hukum Ahli Waris Pengganti dalam Perkara Kewarisan Islam: Perspektif Pengadilan Tinggi Agama DKI Jakarta Budiono, Eko; Mukhlas, Oyo Sunaryo; Mustofa, Mustofa; Solehudin, Ending; Ridwan, Ahmad Hasan
Syariah: Jurnal Hukum dan Pemikiran Vol 23 No 2 (2023)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v23i2.12545

Abstract

The purpose of this study is to comprehensively analyze the construction and legal certainty of replacement heirs in the compilation of Islamic law and its application in the religious courts of the DKI Jakarta region. This research uses a qualitative method with a normative legal approach, legislation, decision analysis, and Islamic law literature. Primary sources are obtained from the decisions of the religious courts of the DKI Jakarta high religious court region numbered: 131/pdt.p/2022/pa.jp, 339/pdt.p/2021/pa.jp, 166/pdt.p/2021/pa-jb, 3950/pdt.g/2020/pa-js, the compilation of Islamic law, and other legal materials related to inheritance. Meanwhile, secondary sources are obtained from literature searches such as books, documents, and journals that have the same relevance as this research. After the data is obtained and collected, data will be filtered and grouped according to its type, then the data is analyzed using descriptive analysis to be able to provide an overview of the existing problems. The results showed that, the legal construction of the concept of substitute heirs in the Compilation of Islamic Law in the Religious Courts in the DKI Jakarta PTA region by placing the position of substitute heirs by applying justice to the inheritance of his parents who had died before the heir. The research confirms the legal construction and rationale behind substitute heirs in Islamic inheritance law, highlighting their significance in inheritance disputes. Recognized under KHI Article 185, substitute heirs play a crucial role in ensuring fairness and equity in inheritance distribution. However, obstacles such as public awareness, evidentiary challenges, and conflicts with local customs impede the effective implementation of the substitute heir rule.
MODIFYING ASSESSMENT FOR THE ADVANCEMENT OF FAMILY LAW THEORIES AND PRACTICES Anwar, Wirani Aisiyah; Wahyu, A. Rio Makkulau; Mukhlas, Oyo Sunaryo; Khosyiah, Si’ah
Jurnal Al-Dustur Vol 7, No 1 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.5989

Abstract

Family law primarily refers to the legal rules that regulate relationships within the family, which can derive from either blood relations or the act of marriage. The purpose of this article is to analyze the concept and the norm of altering Islamic family law in Indonesia. To examine the subject of altering Islamic family law in Indonesia, a qualitative methodology backed by literature can be used. A combination with descriptive normative approach entails researching legal documents related to Islamic families in Indonesia, selecting some contentious family law cases and analyzing their impact on the legal system, and interviewing Islamic legal experts, human rights activists, or family members involved in specific legal cases. The results of the study underline the significance of family bonds in influencing problems such as parental and filial rights, inheritance laws, along with custody and guardianship. Essentially, family law has its foundation on two sources: written and unwritten regulations. Written sources include a wide range of legal topics, including law, jurisprudence, and treaties. Unwritten sources, on the other hand, refer to legal ideas that emerge and shape themselves within the context of cultural life.
Analisis Kewenangan Pengadilan Niaga dalam Penyelesaian Kepailitan Asuransi Syariah: Putusan Mahkamah Agung No. 1016 K/Pdt.Sus-Pailit/2016 Ahmad Ridwan; Mukhlas, Oyo Sunaryo; Sururie, Ramdani Wahyu
Strata Social and Humanities Studies Vol. 1 No. 2 (2023): October
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/sshs.v1i2.117

Abstract

This research analyzes the authority of the Commercial Court in resolving bankruptcy cases of Sharia business institutions with a focus on Supreme Court Decision No. 1016 K/Pdt.Sus-Pailit/2016 highlights legal protection for policyholders and considers Sharia principles in handling these cases. This research uses normative research methods with qualitative analysis. The result of this research is that the Sharia Economic Bankruptcy Settlement Law regulates financial issues in the Sharia economy using Islamic law principles. The process includes handling debts, religious courts, debt restructuring, and protecting creditor rights. This law ensures bankruptcy resolution per Sharia principles, protects creditors' rights, and fulfills financial obligations. Religious courts have jurisdiction, but more explicit regulations regarding handling sharia insurance bankruptcy are still needed. Commercial Court decision regarding the PT case. Mubarakah Sharia Insurance is based on the law, and the bankruptcy requirements are met. Policyholders and legal protection for them are also essential concerns, requiring better supervision, considering the principles of sharia law and justice.
The Role of High Religious Courts in The Bengkulu Area in Safeguarding Children's Interests Regarding Post-Divorce Living Expenses and Civil Rights Pian, Happy; Mukhlas, Oyo Sunaryo; Arifin, Tajul; Saebani, Beni Ahmad; Ridwan, Ahmad Hasaan; Abdulah Pakarti, Muhammad Husni
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36594

Abstract

This research aims to examine the legal process carried out by the Bengkulu Religious High Court in ensuring the living expenses of children after their parents' divorce. This study is qualitative research with a normative legal approach. Primary data comes from laws, court decisions related to children's rights post-divorce, and children's civil rights, while secondary data is obtained from books, online media, and journals with the same relevance. In exercising its authority, the Bengkulu Religious High Court prioritizes the principle of justice by maintaining the interests of the child, as well as the principles of balance and proportionality. However, there are several challenges such as the lack of public understanding of children's rights and obstacles in the implementation of Religious High Court decisions regarding the enforcement of children's civil rights. More intensive efforts are needed to provide the public with an understanding of children's rights and to improve the quality of enforcement of Religious High Court decisions to ensure optimal protection of the child's interests following their parents' divorce.
Implementasi Pembiayaan Musyarakah Mutanaqisah di Perbankan Syariah Indonesia Hadiat, Hadiat; Mukhlas, Oyo Sunaryo; Rusyana, Ayi Yunus
Cantaka: Jurnal Ilmu Ekonomi dan Manajemen Vol. 2 No. 1 (2024): (Juni)
Publisher : PT. Alahyan Publisher Sukabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61492/cantaka.v2i1.141

Abstract

This study aims to investigate the implementation of musyarakah mutanaqishah financing in sharia banking in Indonesia, specifically by considering three issues related to contract implementation: sharia issues, legal issues and operational issues. This research was conducted through a combination of descriptive qualitative methods and inductive analysis. The results of the analysis are based on Law of the Republic of Indonesia Number 21 of 2008 concerning Sharia Banking, DSN-MUI Fatwa Number 73/2008 concerning Musyarakah Mutanaqishah, and AAOIFI sharia standards. From a legal and operational analysis perspective based on BI regulations regarding banking laws, it is indicated that there is a discrepancy between the basic regulations and implementation in the field. Regarding operations, there is a delegation of all payment obligations for costs that arise in deviation from AAOIFI standards and DSN fatwas and there are no specific accounting standards related to MMQ.
Prospek Masa Depan Dual Banking System Dalam Konteks Globalisasi Ekonomi Syariah Samsudin, Agus Rojak; Mukhlas, Oyo Sunaryo; Rusyana, Ayi Yunus
Eco-Iqtishodi : Jurnal Ilmiah Ekonomi dan Keuangan Syariah Vol. 6 No. 1 (2024): Eco-Iqtishodi: Jurnal Ilmiah Ekonomi dan Keuangan Syariah
Publisher : Program Studi Ekonomi Syariah Institut Manajemen Koperasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32670/ecoiqtishodi.v6i1.4476

Abstract

The primary challenge facing the global banking system is how conventional and Islamic banking systems can operate simultaneously and synergistically within the context of Islamic economic globalization. This study aims to analyze the future prospects of the Dual Banking System, which integrates conventional and Islamic banking, in supporting global economic stability and growth. The methodology employs a qualitative approach with descriptive analysis, incorporating literature review and secondary data analysis from research reports of international institutions focused on the Islamic finance industry. The findings indicate that the Dual Banking System has significant potential to enhance financial inclusion and offer ethical and stable investment alternatives. However, substantial challenges, such as non-uniform regulations and disparate business cultures, remain to be addressed. The implications of this research suggest that with more comprehensive regulatory support and improved financial literacy, the Dual Banking System can become a crucial pillar in fostering a more inclusive and sustainable global economy
Hukum Transeksual Perspektif Hukum Islam Berbasis Paradigma Maqosid Al Syari’ah Yani, Ahmad; Mukhlas, Oyo Sunaryo
Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah Vol 6 No 2 (2024): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Publisher : Research and Strategic Studies Center (Pusat Riset dan Kajian Strategis) Fakultas Syariah IAI Nasional Laa Roiba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/alkharaj.v6i2.3608

Abstract

The beauty of the human body shape still has various phenomena since he was born, there are those who are physically perfect and genetically perfect. On the other hand, there are also humans who are born with imperfect physical and genetic forms. In today's modern era, the existence of genital surgery has positive implications for people who are born with abnormal genitalia, such as men or women who have imperfect or double sex or are performed by men or women with genital organs. perfect sex but has a physical form similar to that of a man or a woman and it is this type that is often misused to perform genital change operations from male to female and female to male. Referring to the factors that have been stated above, the phenomenon of reassignment surgery or sex change is caused by physical factors and the sex itself. Therefore, the focus of the discussion in this article is on the implementation of transsexuals in the legality of reassignment surgery or sex change in Shari'ah in terms of the perspective of Islamic law based on the maqashid al-shari'ah paradigm. Keywords: Transsexual, Islamic Law, Maqashid al-Syariah
Prinsip-Prinsip Penyelenggaraan Peradilan Menurut Fiqh Qadha dan Undang-Undang di Indonesia Sucipto, Imam; Mukhlas, Oyo Sunaryo
ISLAMICA Vol 6 No 1 (2022): ISLAMICA
Publisher : STAI Siliwangi Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59908/ijiiai.v6i1.3

Abstract

This study aims to analyze the legal system adopted in Indonesia. Mix Law System is one of the applicable legal systems, in addition to the enactment of the national legal system applies also Islamic law. The existence of Islamic Law is manifested in the constitution of the State of Indonesia which is commonly known as the 1945 Constitution of the Republic of Indonesia. Where the 1945 Constitution is a basic law that regulates the life of the nation and state in order to realize a just government and a prosperous people. This research uses an empirical sociological approach method that is descriptive analysis with the use of qualitative data as the type of research and library research as one of the data collection techniques. This research concludes that, first: The principles of Islamic Law that are used as the ideal foundation of fiqh are the principle of tauhidullah, the principle of insaniyah, the principle of tasamuh, the principle of ta'awun, the principle of silaturahim bain annas, the principle of justice, and the principle of benefit. As for knowing the theories of Islamic law enforcement in the apostolic period of Muhammad SAW are the theory of confession, the theory of accession, the theory of proof, the theory of verdicts, the theory of oaths, the theory of forgiveness. Second: Dispute resolution based on classical Islamic law namely, Al Sulh (Peace), Tahkim (Arbitration), Wilayat al Qadha (Judicial power). Third: The principles of judicial administration according to fiqh qadha and Indonesian law there is a strong correlation between the state and Islam, including Islamic law which has become a living law in the life of the nation and state. Fourth: The principles in the constitution also have relevance to the principles in Islamic Law which are regulated in the Quran and the Al-Hadith including the principles of justice, equality, and welfare. Based on this, Indonesia, which is based on Pancasila and the 1945 Constitution, can be reviewed from the perspective of Islamic law as an effort to realize the laws regulated in the Quran and Al-Hadith.
Ingkar Sunnah Dan Konsekuensinya Bagi Muslim Sucipto, Imam; Mukhlas, Oyo Sunaryo; Solehudin, Ending; Shauma Raffi’u, Aliyya
ISLAMICA Vol 7 No 1 (2023): ISLAMICA
Publisher : STAI Siliwangi Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59908/islamica.v7i1.78

Abstract

Penelitian ini bertujuan untuk mengkaji sejarah perkembangan golongan yang ingkar sunnah sampai dengan ajaran-ajaran yang dikembangkan dan didakwahkan kepada masyarakat serta konsikuensi penganut paham ingkar sunnah terkhususnya bagi muslim itu sendiri. Penelitian ini menggunakan pendekatan kualitatif deskriptif, dengan penelaahan dokumen. Penelitian ini menyimpulkan, bahwa ingkar sunnah merupakan bentuk kegagalan dalam memahami sunnah dan pemahaman ini juga sudah ada pada masa kenabian. Sehingga beberapa ulama menerangkan bahwa konsikuensi terhadap penganut paham ini dikategorikan kafir.
Phenomena of Domestic Violence Against Women and Divorce in 2020-2022 in Indonesia: An Islamic Perspective Hasanudin, Hasanudin; Mukhlas, Oyo Sunaryo; Noradin, Muhammad Farhan Bin Mat; Solehudin, Ending; Jubaedah, Dedah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i2.7686

Abstract

The phenomenon of domestic violence for women which leads to divorce has increased dramatically since 2020-2022. In fact, acts of domestic violence have never been justified in religious teachings. Therefore, this study aims to explore the phenomenon of domestic violence against women and divorce in 2020-2022 in Indonesia as well as Islamic views on both. This research uses a qualitative approach to the phenomenological method with data sources taken from reports on social media such as Youtube, Instagram, and Facebook about the phenomenon of domestic violence and divorce in 2020-2022. The research process is divided into three stages, namely the orientation stage, the reduction stage, and the selection stage. The results of this study reveal that: First, the phenomenon of domestic violence against women and leading to divorce has increased; in 2020 there were 226,062 cases increasing to 349,635 cases in 2022. From the search results, cases of domestic violence were caused by several factors such as: 1) unstable family economy due to the pandemic situation spanning 2020-2022; 2) jealousy among spouses because of social media, 3) spouse's family interferes too much in household affairs, and; 3) early marriage; Second, Islamic syari'at through the Qur'an and Sunnah condemns acts of domestic violence in the household for any reason according to the demands of QS: 4: 21, QS: 4: 34, and HR. Bukhari No. 4942. The findings of this study indicate that married couples need to be given education on how to navigate the household ship before they get married so that it is not easy to do domestic violence between partners.
Co-Authors A. Rio Makkulau Wahyu Abdulah Pakarti, Muhammad Husni Ahmad Ridwan ahmad yani Ayi Yunus Rusyana Eko Budiono Elly Lestari Ending Solehudin Hadiat, Hadiat Hasanudin Hasanudin Jubaedah, Dedah Khosyiah, Si’ah Khosyi’ah, Siah Mustofa Mustofa Noradin, Muhammad Farhan Bin Mat Pian, Happy Ridwan, Ahmad Hasaan Ridwan, Ahmad Hasan Saebani, Beni Ahmad Samsudin, Agus Rojak Shauma Raffi’u, Aliyya Sucipto, Imam Sururie, Ramdani Wahyu Tajul Arifin WIRANI AISYAH ANWAR, WIRANI AISYAH