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Journal : AL HUKMU: Journal of Islamic Law and Economics

ANALISA AKAD HUTANG PIUTANG YANG DITERAPKAN PADA BAITUL MAAL WA TAMWIL (BMT) MAKMUR MANDIRI PERIODE TAHUN 2019-2021 Anwar, Syaiful; Baehaqi, B; Sulistyowati, S
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 1 Maret 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.739 KB) | DOI: 10.54090/hukmu.104

Abstract

Baitul Maal waa Tamwil (BMT) is indeed a different MFI because it has a business and social side. Regulations related to the existence of BMTs include Law Number 23 of 2011 concerning Zakat Management, Law Number 25 of 1992 concerning Cooperatives and Law Number 1 of 2013 concerning Microfinance Institutions (MFIs), as referred to in the Law concerning the Financial Services Authority, Article 1 paragraph (8) of Law no. 1 of 2013 concerning Microfinance Institutions (MFIs). That is an institution that is independent and free from interference from other parties, which has the functions, duties, regulatory authority, supervision, examination, and investigation as referred to in this Law. Article 1 Paragraph (1) of Law no. 11 of 2011 concerning the Financial Services Authority (OJK). One of these institutions is KSPPS-BMT Makmur Mandiri Sukoharjo. The purpose of this study was to determine the procedures for implementing accounts payable contracts on financing products at KSPPS-BMT Makmur Mandiri. The research method used is descriptive qualitative. Sources of data in the form of interviews, observations, and documentation. The results of the study stated that KSPPS-BMT Makmur Mandiri Sukoharjo already had a financing product, namely the Mudharabah Principle, which was divided into two namely mutlaqah and muqayyaddah. Musharaka Principle. The principle of Wadi'ah is divided into two, namely wadi'ah yad dhamanah and wadi'ah Amanah. The principle of buying and selling, consists of murabahah and ishtisna. Services include wakalah, kafalah and ijarah. The principle of loan or debt, consists of hawalah, rahn and qard. 
ANALISA TINGKAT KESEJAHTERAAN KELUARGA PASANGAN MENIKAH USIA DINI KANTOR URUSAN AGAMA (KUA) KECAMATAN BAKI Nurjianti, N; Baehaqi, B; Sarjono, Joko
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 1 Maret 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.292 KB) | DOI: 10.54090/hukmu.137

Abstract

Marriage is a phenomenon that is always interesting to discuss in society. Marriage is an important thing for human life, especially in social life in society and survival for the next generation of humans. The phenomenon of early marriage in Baki District has recently been increasing over the last three years. This study aims to analyze what factors influence the occurrence of early marriage and analyze the level of household welfare in couples rising at an early age Religious AffairsOffice in the Baki District.This research is a qualitative descriptive study aimed at getting an overview of the factors that lead to early marriage and the level of family welfare of couples who marry at an early age in the Baki District area. Data collection techniques in this study used direct surveys, interviews and documentation studies. The data analysis technique used in this study uses interactive descriptive analysis.The results of this study draw the conclusion that the main cause of underage marriages in the Baki District area is due to pregnancy out of wedlock which is influenced by the presence of promiscuity factors, educational factors, economic factors and parental encouragement factors. The welfare level of early age couples in the Baki District is included in the pre-prosperous level.
PERNIKAHAN WANITA HAMIL DIBAWAH UMUR DALAM PERSPEKTIF HUKUM ISLAM DI KUA PASARKLIWON TAHUN 2022-2023 Fahryan, Dhafi; Syamsuddin, S; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.214

Abstract

Marriage is a physical and mental bond between a man and a woman as husband and wife, with the aim of forming a happy and eternal family (household) based on God Almighty. Meanwhile, according to Dadang Hawari, marriage is a bond between a man and a woman as husband and wife based on the law (Law), religious law or applicable customs (Hawari, 2006: 58). However, in social life we often find marriages that are carried out due to certain circumstances, one of which is the marriage of a pregnant woman and underage or underage marriage. This problem occurs a lot in modern times like today because of promiscuity and lack of parental supervision of children. In fact, if we look at the legal point of view of the issue of marriage for women who are pregnant, according to the scholars, there are those who allow it and some do not allow it. According to the majority of scholars, the law of marrying a minor is permissible. In fact, it has been agreed by all scholars said by a scholar that it is permissible to marry a minor. This research takes a case in the area in the KUA of Pasarkliwon District, Surakarta City which occurred in the period 2022-2023. This study aims to analyze the review of Islamic law and the applicable law in Indonesia on the marriage of pregnant women underage and analyze the positive impact and negative impact of Marriage of Pregnant Women underage. This research uses a qualitative descriptive method, namely research that seeks to tell the solution of existing problems now based on data. The results showed that according to Islamic law, the marriage of underage pregnant women and the marriage of underage women in the perspective of Islamic law is permissible, taking into account the benefits for the couple in the future and the implementation of marriage of pregnant or underage women in the KUA Pasar Kliwon District of Surakarta City, has fulfilled the rules set by the Government of the Unitary State of the Republic of Indonesia, in this case the Ministry of Religion of the Republic of Indonesia.  
TINJAUAN HUKUM ISLAM TERHADAP PEMENUHAN NAFKAH BAGI SUAMI NARAPIDANA TERHADAP KELUARGA STUDI KASUS NARAPIDANA LEMBAGA PEMASYARAKATAN (LAPAS) WONOGIRI Aziz, Umar Abdul; Baehaqi, B; Sarjono, Joko
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.240

Abstract

The subject of this research is the obligation to provide for the husband of the convicted husband. Nafkah is an obligation that must be carried out by a husband to his wife in a material form, because the word nafkah itself has a material connotation. Meanwhile, obligations in non-material forms, such as satisfying a wife's sexual desires, are not included in the definition of a living, even though they are carried out by the husband to his wife. This research aims to find out how the obligation to support the husband who is convicted. The stipulation on the amount of income of the convicted husband, takes into account the rich and poor conditions of the husband. Each husband of the convicted person provided a living based on his ability. If the husband who is convicted is a capable person, the income he has to give to his wife is in accordance with his abilities, namely as much as possible to provide the best living for his wife, but still within the level of his ability. And for prisoners who are unable or have a difficult economic life, the minimum income limit for their wives is as much as a person's body cannot stand upright if he is fed less than that.
KEWAJIBAN SUAMI DALAM MEMBERIKAN PENDIDIKAN AGAMA KEPADA ISTRI SESUAI KOMPILASI HUKUM ISLAM PADA KELUARGA MUALAF DI DESA PLAJAN KECAMATAN PAKIS AJI KABUPATEN JEPARA Ulum, Masrofi Bahrul; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.268

Abstract

In Plajan Village, Pakis Aji District, there are many families of converts due to marriage. Non-Muslim prospective wives convert to Islam so that their marriage is legal and recognized by the state. The impact of marriage is the existence of rights and obligations that must be fulfilled by husband and wife. One of the obligations listed in the Compilation of Islamic Law article 80 paragraph 3 is to regulate the husband's obligation to provide religious education to his wife. This study aims to: (1) find out that converts' families know the rights and obligations listed in the Compilation of Islamic Law, (2) implementation of the husband's obligation to provide religious education, and (3) obstacles that become obstacles for husbands in carrying out the obligation to provide religious education to his wife in Plajan Village, Pakis Aji District. Research on this thesis uses a qualitative descriptive method. This research is a Field Research (field research) with data collection methods through interviews, observation, documentation and literature study, then the research data are analyzed by data reduction. The results of this study indicate that (1) The families of converts do not yet know the rights and obligations listed in the Compilation of Islamic Law, (2) In general, husbands have carried out their obligations in providing Islamic religious education regarding basic knowledge in Islamic religious teachings (3) Among Obstacles to husbands in providing religious education to wives are economic problems, limited knowledge and insight into Islamic teachings.
PERAN BIKKSA PCA LAMONGAN DALAM MEMBENTUK KELUARGA SAKINAH DI KECAMATAN LAMONGAN KABUPATEN LAMONGAN (ANALISIS UNDANG-UNDANG TENTANG PERKAWINAN) Choiri, M. Qowi Indal; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.270

Abstract

Penelitian ini dilatarbelakangi oleh meningkatnya perceraian di Kabupaten Lamongan dan pengajuan dispensasi pernikahan yang semakin banyak. Karena itu, diperlukan strategi untuk menanggulanginya. Penelitian ini bertujuan untuk mengetahui dasar hukum pendirian BIKKSA PCA Lamongan, mendeskripsikan bentuk informasi dan konsultasi yang dilakukan BIKKSA PCA Lamongan dalam membentuk keluarga sakinah, dan peran BIKKSA PCA Lamongan dalam membentuk keluarga sakinah yang sesuai dengan Undang-Undang tentang Perkawinan. Penelitian ini menggunakan pendekatan kualitatif, dengan sumber data dari Ketua dan salah satu anggota BIKKSA Pimpinan Cabang ‘Aisyiyah Lamongan. Teknik pengumpulan data dalam penelitian ini adalah wawancara mendalam, observasi, dan dokumentasi. Untuk menganalisis data, peneliti menggunakan analisis data deskriptif kualitatif yaitu menjabarkan data yang diperoleh secara langsung di lapangan, kemudian menganalisanya berdasarkan sumber data yang diperoleh dari literatur-literatur, selanjutnya disusun secara sistematis untuk kemudian dianalisis secara kualitatif menjadi suatu uraian. Hasil penelitian menunjukkan bahwa (1) dasar hukum secara umum pendirian BIKKSA ini untuk mengintensifkan apa yang telah ada dalam perundang-undangan, dan secara khusus, sebagai bentuk perwujudan atas hasil Mukatamar ‘Aisyiyah ke-47 di Makasar pada tahun 2015. (2) bentuk informasi dan konsultasi yang telah dijalankan oleh BIKKSA PCA Lamongan dengan menjalankan program sosialisasi ke semua PRA sekaligus memberikan pembinaan keluarga, menyebarkan stiker ke semua PRA, dan mempunyai terobosan tempat industri tikar lipat guna menunjang ekonomi sebagai bentuk usaha perwujudan keluarga yang sakinah. (3) Peran BIKKSA sesuai dengan isi Undang-Undang tentang Perkawinan, keduanya sama-sama mendukung terbentuknya keluarga sakinah, dari BIKKSA mendukung melalui peranannya atau prakteknya, sedangkan dari Undang-Undang tentang Perkawinan mendukung melalui isinya atau secara teorinya.
PENGARUH PERKAWINAN DI BAWAH UMUR TERHADAP TINGKAT PERCERAIAN DI PENGADILAN AGAMA SURAKARTA TAHUN 2023 Afifatimah, A; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.276

Abstract

This research is motivated by the increasing number of divorces in the city of Surakarta and the increasing number of applications for marriage dispensations. Because of that, research was carried out whether there was a correlation between the two. This study aims to determine the effect of the practice of underage marriages on the divorce rate in the Surakarta Religious Court and to find out what are the factors that influence underage marriages to divorce in the city of Surakarta in 2023. This study uses a quantitative approach, with observation techniques at the Surakarta Religious Court, distributing questionnaires to perpetrators of underage marriages, and documentation. The data collection technique used in this study was a descriptive analysis technique that was processed using the SPSS 22 program. The results showed that the correlation value / level of relationship between variables (R) was 0.713 and a coefficient of determination (R Square) was 0.508 which means that there is an influence of the independent variable (underage marriage) on the dependent variable (divorce rate). Based on the results of testing the underage marriage hypothesis, the value of Sig. (0.000) < 0.05, then H0 is rejected and H1 is accepted, namely variable X (underage marriage) affects variable Y (divorce rate). that the factors influencing underage marriage actors in Surakarta to file for divorce in 2023 are economic, psychological, moral crisis, parental involvement in making decisions, domestic violence, selfishness, and third person
TINJAUAN HUKUM ISLAM PADA PENYERAHAN PERABOT RUMAH TANGGA DALAM PERNIKAHAN MENURUT TRADISI DI DESA KALIANYAR KECAMATAN WONOSALAM KABUPATEN DEMAK Gumilar, Purnawan Cahya; Baehaqi, B; Isfihani, I
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.277

Abstract

Marriage is one of the many religious rituals performed with the aim of creating a family. In ruralsocieties with traditions, marriage is not only performed by means or regulations in accordance withreligious decrees. Islam values and exalts a woman's position as an honorable and noble being , bygiving her the right to receive dowry. The dowry is only given by the man to the woman he is goingto marry, not to anyone else, even if the person is very close to him, and the dowry should not be usedby anyone else even by his own husband . Based on this, the author formulates a problem in theresearch on How to Implement the Tradition of Handing Over Household Furniture at Marriage inKalianyar Village, Wonosalam District, Demak Regency. This research method is qualitative field research with a research location in Kalianyar Village , Wonosalam District, Demak Regency. Theresults of this study concluded that the implementation of the tradition of handing over householdfurniture at weddings in Kalianyar village has been known and carried out for generations. Theimplication of the study is that in a wedding procession should not burden the man or bride.
PANDANGAN FIQIH MUNAKAHAT TERHADAP PERKAWINAN ADAT SUKU SASAK LOMBOK TIMUR Said, Purwadi; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 02, No. 2 Agustus 2023
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.279

Abstract

The purpose of this study is to explain the views of the Munakahat Fik people on Sasak traditional marriages in the area of the Department of Religion, Pringabya District, East Lombok. It then describes the traditions of the Meralik tribe of the Sasak tribe of East Lombok. In this case, the subject of the survey is the Sasak people of East Lombok Island, and the subject of the survey is their view of Islam using a qualitative method. As a result of the study, the authors concluded that the Meralik tradition of the Sasak people of Lombok in the Pringabaya district of the East Lombok Religious Affairs Authority (KUA) consists of several stages. (1) Middle. (Visits her future wife in front of the house) Here there is an agreement between the two parties to kidnap her wife or have her husband take her away. (2) The man must kidnap (run away) the bride. (3) The man must report the elopement to the chief of the village where the bride lives, the so-called Serval. (4) Payment of deposit and dowry money. (5) Conducting weddings in Islamic style. (6) A type of marriage payment common among the Sasak people of Lombok is called Sorong Sera. (7) Nyongkolan, a women's accompaniment to her family and strolling through the village to traditional Lombok music. The correct practice of melalik is very legal in terms of legality since in melalik the conditions and pillars are fulfilled according to Islamic law. Apart from what is not justified, namely the process of marriage proposal, the process of marriage proposal in the melalik tradition in Islam is very different and this tradition can be harmful.
EFEKTIVITAS DISPENSASI PERKAWINAN DI BAWAH UMUR UNTUK KEHARMONISAN RUMAH TANGGA DI WILAYAH KANTOR URUSAN AGAMA (KUA) KECAMATAN NOGOSARI KABUPATEN BOYOLALI Sanduri, S; Wibowo, Muhammad Kurniawan Budi; Baehaqi, B
AL HUKMU: Journal of Islamic Law and Economics Vol. 03, No. 1 Maret 2024
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.291

Abstract

Marriage dispensation is an effort for those who want to get married but have not met the age limit set by the government. Underage marriages cause various kinds of problems, according to the Marriage Law No. . The focus of the issues discussed are: 1) How is the marriage dispensation process. 2) How is the effectiveness of underage marriage dispensation for household harmony in Nogosari District? This study aims to determine the effectiveness of dispensing underage marriages for household harmony, what are the strategies used by early marriage couples in creating a harmonious family. This research is called field research, in this study taking primary data from the field which was studied intensively accompanied by an analysis of all data or information that has been found, the results of the research show that the effectiveness of underage marriage dispensation for household harmony is lacking effective because of the 30 informants interviewed by the researchers 80% of them experienced a lack of harmony in the household, this occurred due to several factors including: 1) Psychologically and socio-economically the marriage partners were immature. 2) They are classified as still unstable. 3) Don't have much knowledge about how to care for children, so they can't apply proper parenting patterns.