Articles
<![CDATA[The Role of High Religious Courts in The Bengkulu Area in Safeguarding Children's Interests Regarding Post-Divorce Living Expenses and Civil Rights ]]>
<![CDATA[Pian, Happy]]>;
<![CDATA[Mukhlas, Oyo Sunaryo]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Saebani, Beni Ahmad]]>;
<![CDATA[Ridwan, Ahmad Hasaan]]>;
<![CDATA[Abdulah Pakarti, Muhammad Husni]]>
<![CDATA[ Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jua.v7i1.36594
<![CDATA[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.]]>
<![CDATA[Ihtikar In The Social Frame: A Sociological Analysis Of Economic Dynamics And Their Impact In The Contemporary Contex ]]>
<![CDATA[Islah Siregar, Muhamad]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Abdal, Abdal]]>
<![CDATA[ Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024 ]]>
Publisher : <![CDATA[Yayasan Mentari Madani ]]>
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<![CDATA[This research deepens sociological studies of the phenomenon of ihtikar, an economic practice in which individuals or groups hoard goods or resources with the intention of increasing value or prices in the market. Using a sociological approach, this study aims to understand the impact of ihtikar on social structure, conflict, and social interaction in society. Analysis of the distribution of resources in the context of ihtikar reveals the dynamics of power and inequality that may arise within society. Class struggle, as a result of ihtikar, takes center stage to understand how this practice can deepen social inequality. The interconnectedness of ihtikar with social interactions and market dynamics provides deeper insight into how this economic behavior affects relationships between individuals and impacts daily life. economics, and culture to understand ihtikar as a phenomenon involving complex dynamics in society. The results of this study are expected to contribute to our understanding of the role of ihtikar in shaping social structure, conflict, and social interaction, as well as provide a foundation for policy debates and social actions that are more effective in addressing their impacts]]>
<![CDATA[Sharia Economic Law in the Perspective of Anthropology and Sociology ]]>
<![CDATA[Nursyamsudin, Pebriyana]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Abdal]]>
<![CDATA[ Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024 ]]>
Publisher : <![CDATA[Yayasan Mentari Madani ]]>
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<![CDATA[Anthropology and sociology of Islamic economic law complement each other in understanding this legal phenomenon. Anthropology helps in understanding cultural contexts and traditions, while sociology helps identify the social and structural factors that influence them. The method used in this article is qualitative method, using literature studies whose sources are from books and journals related to the discussion of anthropology and sociology of Islamic economic law. This study opens opportunities to explore the practice, understanding, and social and cultural implications of Islamic economic law, thus enriching moral and ethical insights in Islamic economics more comprehensively. Therefore, this article tries to provide an overview of the Anthropology and Sociology of Islamic Economic Law]]>
<![CDATA[Sharia Pawnshops As An Alternative To Meeting Social Needs Sociological Review ]]>
<![CDATA[Ulya Adila, Hafidah]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Abdal, Abdal]]>
<![CDATA[ Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024 ]]>
Publisher : <![CDATA[Yayasan Mentari Madani ]]>
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<![CDATA[This research aims to find out how Sharia Pawnshops can be an alternative to meeting social needs, a sociological review. This research uses an empirical approach with descriptive qualitative methods. With the type of research study literature (Library Research). The result of this research is that Pegadaian is a form of non-bank financial institution intended for the wider community with middle to lower income who need funds immediately. These funds are used to finance certain needs. The use of Pegadaian Syariah as an alternative to meeting the needs of the community has a broad impact on various aspects of economic and social life. It assists the community in the fulfillment of their financial needs while adhering to Islamic sharia financial principles. The use of Islamic Pawnshops as an alternative to meeting the needs of the community has a number of significant impacts, including: the use of Islamic pawnshops helps individuals and families in the fulfillment of their financial needs. For SMEs that can use loans and financing, it creates jobs, and contributes to local economic growth. The use of Pegadaian Syariah can have social impacts such as reducing poverty levels, reducing economic inequality, and supporting social stability within communities]]>
<![CDATA[Sociology And Anthropology Of Sharia Economic Law Towards Cooperatives ]]>
<![CDATA[Ridwan, Ahmad]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Abdal, Abdal]]>
<![CDATA[ Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024 ]]>
Publisher : <![CDATA[Yayasan Mentari Madani ]]>
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<![CDATA[Currently, there are many fields of science that have correlations related to views that can be displayed as a reference. Like sociology, we often know that sociology is concerned with society as a whole. But we can see from the other side such as the sociology of law that the symptoms that occur in society by referring to the rules of law that apply in a region. Sociology is often juxtaposed with anthropology. This type of research uses literature research that takes data through information by obtaining library materials, data techniques that have been obtained by reviewing and analyzing both in the form of books, journals, research results. As well as by using descriptive analysis techniques. Cooperative is a step given by fellow cooperative members to other cooperative members in the context of the welfare of their members. In addition, it is clear that the function of cooperatives is to realize community welfare in order to improve the national economy in accordance with Pancasila and the 1945 constitution. Cooperatives can be seen as a tremendous benefit for their recipients, because cooperatives can touch the lowest layers of society, help, mutual assistance taken by cooperative members indicates that the community cares about each other. When the tremendous blow experienced by cooperatives during Covid-19 made the turnover rate stagnant What is often a problem is the perception that occurs in the community related to cooperatives, often the sociology of anthropology that occurs in the community that in the article Antaranews.com, states that there are still people who are misguided in looking at cooperatives Some people consider cooperatives to be the same as loan sharking businesses that smell of usury. The sociological view of anthropology sees that something that happens in society is caused by a lack of information related to contracts, if the rights and obligations of the parties are fully fulfilled and worked out then the negative related perspective of cooperatives can be eliminated.]]>
<![CDATA[Keluarga Berencana Dalam Perspektif Hadis ]]>
<![CDATA[Sari, Dina Novita]]>;
<![CDATA[Arifin, Tajul]]>
<![CDATA[ El-Ghiroh : Jurnal Studi Keislaman Vol 21 No 1 (2023): Maret 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Agama Islam (STAI) Bumi Silampari ]]>
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DOI: 10.37092/el-ghiroh.v21i1.396
<![CDATA[This research is motivated by the large population in the world which can cause an imbalance because a rapidly growing population can result in a population with poor quality and result in the Earth or the State not providing maximum facilities. However, this program has attracted a lot of controversy in Indonesia because the majority are Muslim and consider this program a refusal of the sustenance given by Allah SWT. The purpose of this study is to find out this program from the perspective of Hadith, where Hadith is used as a source of law in Islam but the purpose of Family Planning is to plan for a sufficient number of children and ensure their survival in a family. This research uses descriptive analytical method and applies a qualitative approach, as well as various relevant references as data sources. Data were collected using literature study techniques and then analyzed using content analysis techniques. The results of this study indicate that family planning in the perspective of hadith is allowed but with clear and strong reasons, some hadith scholars also allow it, some do not allow it for various reasons. Further discussion will be presented in this journal.]]>
<![CDATA[Reforming Marriage Law in Indonesia: A Critical Examination of Islamic Law on the Ban of Interfaith Marriages ]]>
<![CDATA[Setiawan, Iwan]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Saepullah, Usep]]>;
<![CDATA[Safei, Abdulah]]>
<![CDATA[ Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024) ]]>
Publisher : <![CDATA[Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto ]]>
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DOI: 10.24090/mnh.v18i2.11134
<![CDATA[Interfaith marriage is a widely debated issue in Indonesia, particularly within the context of Islamic law. The prohibition of interfaith marriages has frequently been the subject of substantial criticism from an Islamic legal perspective. This article aims to critically examine the enforcement of this prohibition within Indonesia's marriage legal system. Employing a normative legal approach and literature analysis, the research explores various Islamic law perspectives on the prohibition of interfaith marriages. Additionally, this study analyzes the social, cultural, and legal impacts of this prohibition on Indonesian society. The findings indicate that the prohibition of interfaith marriages often conflicts with principles of justice, religious freedom, and human rights. In the context of Islamic law, several scholars and legal experts advocate for a more inclusive interpretation, emphasizing the importance of considering social context and justice in marital regulations. It is essential to formalize Islamic law by incorporating sociological and cultural aspects and aligning it with the national constitution. Therefore, the development of Indonesia's marriage legal system must consider universal values that evolve sociologically and culturally. In conclusion, this research underscores the need for reform in Indonesia's marriage legal system to accommodate individual needs and rights while respecting religious and cultural values. These changes are expected to provide legal recognition for interfaith marriages and promote a more inclusive and harmonious society.]]>
<![CDATA[PENOLAKAN PARSIAL KRITIKUS TERHADAP RAWI SHADUQ: TELAAH KRITIS ATAS AR-RABI BIN ANAS ]]>
<![CDATA[Ibal, Faisal Adam]]>;
<![CDATA[Ahmadi, Husni]]>;
<![CDATA[Arifin, Tajul]]>
<![CDATA[ Universum Vol. 18 No. 1 (2024): Juni 2024 ]]>
Publisher : <![CDATA[LPPM IAIN Kediri ]]>
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DOI: 10.30762/universum.v18i1.2427
<![CDATA[Al-Jarh wat Ta’dil is an important field in hadith studies that provides information about the conditions of hadith narrators based on critiques by critical scholars. These critiques follow a hierarchical structure, with shaduq being a level two endorsement after tsiqat. Despite being an endorsement, a narration from a shaduq narrator is not accepted outright and requires further scrutiny. This research analyzes the acceptance status of narrations from shaduq narrators according to critical scholars. It critically examines the case of the shaduq narrator named ar-Rabi bin Anas and investigates the reception status of his narrations. The methodology employed is qualitative with a descriptive-analytical approach, using references such as al-Jarh wat-Ta’dil literature, mustalah hadith, hadith collections, relevant books, and journals. The study demonstrates that among shaduq narrators, some receive negative critiques leading to partial rejection of their narrations. Furthermore, it shows that narrations from shaduq like ar-Rabi bin Anas are rejected if: First, they have negative critiques from scholars supported by indications after comparison with parallel narrations. Second, their hadiths are transmitted by problematic disciples; in ar-Rabi's case, his problematic disciple is Abu Ja’far ar-Razi, and the narration by this disciple occurs in isolation.]]>
<![CDATA[Pembunuhan Dalam Perspektif Pasal 338 KUHP Dan Hadits Samurah ]]>
<![CDATA[mayang, Dewi]]>;
<![CDATA[Arifin, Tajul]]>
<![CDATA[ Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 3 (2024): September : Politika Progresif : Jurnal Hukum, Politik dan Humaniora ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.62383/progres.v1i3.382
<![CDATA[This research will discuss the legal analysis of article 338 of the Criminal Code relating to murder, as well as the legal perspective provided by the hadith from Samurah Radhiyallahu'anhu. Article 338 of the Criminal Code is a criminal law provision in Indonesia which regulates murder. In this context, an analysis will be carried out on the legal implications of the article, both in its application and interpretation. Apart from that, this abstract will also discuss the perspective of Islamic law regarding murder based on hadith from Samurah Radhiyallahu'anhu. Hadith is the second source of law in Islam after the Koran and is often a guide in interpreting various legal issues. By analyzing this hadith, we will consider how Islamic law views the act of murder and the factors that influence it. Through this approach, this abstract will present a comprehensive understanding of murder in the context of Indonesian positive law and Islamic law. By considering legal perspectives from these two different sources, it is hoped that we can provide a broader and deeper view of the issue of murder in the legal realm..]]>
<![CDATA[Membongkar Tabir Perselingkuhan: Perspektif Hadis Abu Daud No.1692 Dan KUHP 284 ]]>
<![CDATA[Maharani, Siti]]>;
<![CDATA[Arifin, Tajul]]>
<![CDATA[ Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 3 (2024): September : Politika Progresif : Jurnal Hukum, Politik dan Humaniora ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.62383/progres.v1i3.383
<![CDATA[Extramarital affairs are becoming an increasingly prevalent social phenomenon in the modern era. This research aims to examine the understanding and definition of extramarital affairs in Islam, the concept of extramarital affairs based on Hadith Abu Dawood No. 1692, the sanctions and punishments for the perpetrators, preventive measures for extramarital affairs from an Islamic legal perspective, and its correlation with the provisions of adultery in the Criminal Code of Indonesia (KUHP) Article 284. A qualitative method with a text and content analysis approach is used to conduct this research, as well as a literature study. The research results show that extramarital affairs in Islam are categorized as a major sin that has the potential to damage the harmony of families and society. Hadith Abu Dawood No. 1692 emphasizes the prohibition of extramarital affairs and provides an overview of the sanctions for the perpetrators. Preventive measures for extramarital affairs in Islam include fostering faith and morality, strengthening families, and providing sexual education. The Criminal Code of Indonesia (KUHP) Article 284 regulates adultery with criminal sanctions, but its relevance as a sanction for perpetrators of extramarital affairs still needs to be studied further. This research concludes that Islamic law plays an important role in preventing and addressing extramarital affairs, and its integration with positive law needs to be considered to realize justice and the common good.]]>
