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All Journal UNIFIKASI Unram Law Review Legal Standing : Jurnal Ilmu Hukum Madinah: Jurnal Studi Islam Jurnal Tekno Kompak Pena Justisia: Media Komunikasi dan Kajian Hukum Nurani Hukum : Jurnal Ilmu Hukum Batulis Civil Law Review Probono and Community Service Journal Imara: Jurnal Riset Ekonomi Islam Kanun: Jurnal Ilmu Hukum Civic Education Law and Humaniora : Jurnal Pengabdian Masyarakat Terintegrasi
Muhamad Muslih
Fakultas Hukum Universitas Sultan Ageng Tirtayasa
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Nurani%20Hukum%20:%20Jurnal%20Ilmu%20Hukum

 1 
Peran Fikih Indonesia dalam Modernisasi Hukum Islam (Perspektif Undang-Undang Nomor 1 Tahun 1974) Muhamad Muslih
Nurani Hukum Vol. 2 No. 1 Juni 2019
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v2i1.5477

Abstract

There are several views of thought that hinder the process of developing Islamic law, even they argue that Islamic law cannot be developed. Joseph Schacht (1955) argued that the purpose of Muhammad SAW was appointed as a Prophet not to create a new legal system, but to guide humans to be able to go to heaven. Muhammad Khalid Mas'ud (1955), Asaf Ali Asghar Fyzee (1955), and Yahya Harahap (2003) argue that the process of modernizing Islamic law cannot be done by everyone, because it requires certain skills to do it and there are limits to objects that cannot be modernized. Islamic law is not a law in the sense of modern law.This study aims to prove that Islamic law in Indonesia always develops according to the needs of the society. Hasbi Ash-Shiddieqy (1975) argue that Islamic law is an attempt by legal experts to apply the Sharia to the needs of the society. ‘Fikih Indonesia’ initiated by Hasbi Ash-Shiddieqy has an important role in the process of modernizing Islamic law in Indonesia.The research method used in this research is Descriptive Qualitative and research data sources are classified as Library Research. The approach used is a Socio-Legal and Normative Juridical Approach. Primary data sources are Hasbi Ash-Shiddieqy's books and Undang-undang No. 1 Tahun 1974. Secondary data sources used are all writings, journals, books, articles, and other sources that are relevant to the discussion.The results of this study that Islamic law in Indonesia always develops according to the needs of the society. In terms of history, the role of ‘Fikih Indonesia’ initiated by Hasbi Ash-Shiddieqy has a very important role in the process of modernizing Islamic law in Indonesia. Because ‘Fikih Indonesia’ became the idea of the Draft Undang-undang Nomor 1 Tahun 1974. So there are many similarities between Undang-undang No. 1 Tahun 1974 and ‘Fikih Indonesia’. Keywords: Islamic Law, Modernization, Fikih Indonesia
The Effectiveness Of Government Regulation Concerning Marriage Recording For Baduy Banten Believers Muhamad Muslih; Eki Furqon
Nurani Hukum Vol. 4 No. 1 Juni 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i1.9622

Abstract

The aim of this research is to know some descriptions of the situation, conditions, circumstances, and realities of population administration management and marriage registration in the Baduy community. Then another goal is to know how the role of the government is to overcome this. The specific target to be achieved from this research is to ensure that the Baduy community can complete their population administration and be more maximal in registering their marriage to the KUA and having a marriage certificate as a manifestation of obedience to Law Number 1 of 1974, especially Article 2 paragraph 1 and paragraph 2 and National Law. For more than 40 years, believers of faith have been discriminated against and cannot legally register their marriage because they have to marry based on one of the religions recognized by the state. A few moments later Joko Widodo issued Government Regulation (PP) Number 40 of 2019 concerning Implementation of Law No. 23 of 2006 concerning Population Administration, one of which recognizes and regulates the procedures for marriage between religious believers. The issuance of this PP eliminates the discrimination that has so far been experienced by believers. Believers of faith experience discrimination to get population services as Indonesian citizens (WNI). This raises various problems in the form of discrimination in making e-ID cards, registration of marriage certificates, and others. The research method used is by using the juridical normative and sociological normative approaches. Juridical Normative in the form of discussion of several laws and regulations made by the government which are enforced to regulate population administration and marriage registration for believers. Sociological Normative Research on law constructs law as a system of statutory regulations that have existed so far constructed in a society's behavior. The research specification used is descriptive analytical which aims to describe, analyze, and systematically analyze certain facts. The data in this study were collected and compiled in a narrative form and then analyzed qualitatively. Sources of data used in this study were obtained from Library Research. This study also uses primary and secondary data sources which are analyzed using qualitative methods, with data collection techniques from literature studies and field studies to Baduy. Interviews and observations were conducted to obtain the necessary data. The results of the study show that Government Regulation Concerning Marriage Recording For Baduy Banten Believers has not been effective. Socialization from all parties regarding this Government Regulation to the KUA leader of the Ciboleger area and the Banten Baduy people must be carried out because even though the government has facilitated Population Administration and marriage registration for believers in Government Regulation Concerning Marriage Recording For Baduy Banten Believers, in reality this has not been effective.
Co-Authors Ahmad Rayhan Anne Gunawati Anne Gunawati Anne Gunawati Anne Gunawati Aris Suhadi Dede Agus Eki Furqon Eki Furqon Fachrian Luthfi Fadillah Febianca Azania Kholida Ferina Ardhi C Jarkasi Anwar Jarkasi Anwar Liyola Wendysofynia Mokhamad Gisa Vitrana Nadya Klarisa Najla Tasya Fairuz Palmawati Tahir Palmawati Tahir Palmawati Tahir Raden Prasetio Kustiandrana Rani Sri Agustina Shasha Marina Aufa Noerkholiq Siti Atisa Hartati Siti Rahmah Arbai Thoat Hamim Yuniar Calisna