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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Jurnal Daulat Hukum International Journal of Law Reconstruction BudAI: Multidisciplinary Journal of Islamic Studies Law Development Journal
Rozihan Rozihan
Universitas Islam Sultan Agung Semarang
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE DYNAMICS OF WAQF ASSET MANAGEMENT IN INDONESIA Rozihan Rozihan
International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i1.16294

Abstract

The aims of this study was to determine the effectiveness of waqf management after the enactment of the waqf management law in Indonesia. As we all know that waqf is not only normative worship but also has a social element in it, thus making it one of the keys to the welfare of Muslims. Therefore, the management of waqf property is very important to be known together. This research used normative juridical research that examines the legal provisions of waqf property management in Indonesia and the study of legal instruments in classical fiqh books regarding waqf management. The potential of waqf in Indonesia is very large, for that the Indonesian government must establish a regulation that regulates the procedures for the collection and management of waqf assets as regulated in Act No. 41 of 2004 concerning waqf. The regulation had led to the birth of an independent institution in charge of collecting and managing waqf assets which are called the Indonesian Waqf Board (BWI). Therefore, there is a need for synergy from various parties regarding the collection and management of waqf assets. If so far BWI is an independent institution in charge of managing waqf, so it is necessary to coordinate with the Agrarian Office, waqf asset management institutions operating in the private sector such as the Indonesian Waqf Savings Account or non-governmental organizations (NGOs). This is done with the hope that Indonesia can optimize its waqf assets and the result of waqf can become an instrument that can reduce poverty.
The construction of Islamic law benefit in the perspective of progressive law Rozihan Rozihan
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 4, No 1 (2020): Vol. 4, No. 1, Oktober 2020
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v4i1.12797

Abstract

The law is applied is to reach the benefit of the object subject to the law. The concept of benefit discussed by the scholars of the past up to the time of Al-Syatibi, is the concept of theocentric benefit, namely benefit based on the text, so that the intended benefit must be in accordance with the wishes of the legislators (maqsud al-Syar'i). Based on this, the concept of theocentric benefits must be formulated into anthropocentric benefits. Namely, benefit based on the desire and goodness of the object of law (maqsud al-mukallaf). The progressive law, which is a law that is not bound by the law or in other words the law based on conscience. So, through this progressive law will be able to realize the benefit for the joint.
Judge Consideration of Religious Court Of Blora on Application of Married Dispensation Siti Muzazanah Muzazanah; Akhmad Khisni; Rozihan Rozihan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8356

Abstract

This study aims to know the factors increasing request for married dispensation, the judge in the consideration granted married dispensation and know the weaknesses of Marriage Act in court and in the implementation of solutions to reduce married dispensation, The method used normative juridical, namely legal research based on secondary data. This research approach using the approach of the case (case approach and qualitative approach. Regarding the data, the authors obtained data from interviews and literature study.These results indicate (1) Factors increasing request for married dispensation in the Religious Court of Blora is (a) Fearing the emergence of slander, (b) pregnant outside of marriage (2) Judge Consideration of Religion Court of Blora in granted married dispensation, based on consideration of three things namely (a) Administrative completeness, (b) there is no prohibition of marriage as contained in Article 8 of Act No. 1 of 1974 On Marriage, (c) the principle benefit (3) weakness of marriage Act in the execution of court and solutions for reduce married dispensation in the Religious Court of Blora. Lack of socialization to the relevant institutions make weak law marriage in the implementation of the court.Keywords: Judge Consideration; Religious Court; Married Dispensation.
Civil Rights Of Children Outside Married Due Isbat Nikah Of Polygamy (Analysis of Islamic Court of Rembang Decision No. 99 / Pdt.G / 2018 / PA.Rbg.) Rofi'atun Rofi'atun; Akhmad Khisni; Rozihan Rozihan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8377

Abstract

This study discusses the civil rights of children outside the mating due to confirmation of marriage polygamy, Problems taken author in this thesis is how the legal protection of children outside marriage related his civil rights especially on custody of marriage and inheritance rights to men as fathers biological, because the Indonesian Constitution the Act of 1945 and other regulations related to children's rights requires such a case, article 28 B (2) the result of amendments to the Act of 1945 states "Every child has the right to live, grow and develop and is entitled to protection from violence and discrimination, as well as the norms of Islamic law every child born in the holy predicate attached to him (Fitrah), so that the civil rights of Islam also guaranteed, regardless of whether the child was born out of and / or as a result of a legal marriage or a result of Sirri Marriage.The research method used by writer is a normative juridical approach where the study was conducted based on legal materials main by way of studying the theories, concepts, principles of law, rule of law, court decisions and legislation relating to this study.The results showed that based on the decision number: 99 / Pdt.G / 2018 / PA.Rbg, in the case of confirmation polygamous marriage, civil rights children outside marriage (polygamy) or Sirri equal to the rights of children born and / or result polygamous marriage is official, so that the legal rights of children outside marriage in the decision on child custody and inheritance rights equal to other biological children were born of the first marriage. thus based on the decision of the civil rights of children protected by law, to get justice, and the certainty of the status and civil rights.Keywords: Civil Rights of Children Outside Marriage; Sirri Polygamy; Rights of Guardianship And Inheritance.
Analisis Metode Mafhum Mubadalah Faqihuddin Abdul Kodir Terhadap Masalah Nusyuz Suami Ahmad Ahmad; Rozihan Rozihan
BUDAI: MULTIDISCIPLINARY JOURNAL OF ISLAMIC STUDIES Vol 1, No 1 (2021): Desember
Publisher : Lembaga Kajian dan Penerapan Nilai - Nilai Islam Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.159 KB) | DOI: 10.30659/budai.1.1.13-23

Abstract

Nusyuz lebih dikenal sebagai pembangkangan istri terhadap suami. Sesuatu yang mengesankan searah, hanya istri yang membangkang, tidak ada pembangkangan suami. Padahal praktiknya, pembangkangan bisa terjadi dari dua arah, suami maupun istri. Tujuan dari penelitian ini adalah untuk mengetahui analisis metode mafhūm mubādalah Faqihuddin Abdul Kodir terhadap masalah nusyuz bagi suami. Juga untuk mengetahui dampak dari metode Mafhum Mubadalah Faqihuddin Abdul Kodir terhadap nusyuz bagi suami. Metode yang digunakan dalam penelitian ini adalah kepustakaan (library research). Berdasarkan penelitian, diperoleh hasil bahwa suami juga bisa nusyuz, seperti mendiamkan istri, berburuk sangka pada istri, tidak mengajak istri tidur bersama, menyuruh istri melakukan maksiat, tidak menggauli istri tanpa uzur, menganiaya istri, menjauhi istri karena penyakit yang dideritanya. Sedangkan dampak dari metode Mafhum Mubadalah terhadap nusyuz suami yaitu seseorang berpotensi berpaling tentu saja karena lebih punya perhatian relasi dengan banyak pihak, tidak hanya relasi marital. Maka solusi yang ditawarkan Al-Qur’an berdasarkan pemahaman mubadalah yaitu shulhun (berdamai), ihsaanun (berbuat baik), ittiqoo (menjaga diri).
Married Dispensation in Pressing Efforts of Divorce Numbers Abdul Mutalip; Rozihan Rozihan
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (641.11 KB) | DOI: 10.30659/ldj.2.3.279-286

Abstract

The purpose of this study is to determine the factors and judges' considerations that influence the application for the grant of dispensation of marriage, as well as the role of dispensation of marriage in an effort to reduce the divorce rate. The research method used is juridical-sociological, juridical, which discusses research using laws and regulations related to marriage dispensation. The sociological approach is used to find out and understand how the judge's consideration factors in granting a marriage dispensation request. From the results of the study concluded that the factors causing the submission of applications for dispensation of marriage include pregnancy outside of marriage, concerns of parents about their children, economic factors and educational factors. The basis for the judge's consideration in granting dispensation to marriage is that there is no prohibition on marriage, physical, mental, biological, sociological and financial maturity in a state of urgency (pregnancy out of wedlock) the desire/agreement of both parties. While efforts to dispensate marriage in an effort to reduce the divorce rate are not yet certain, it can actually increase the divorce rate due to the unstable mental and psychological stability of children in fostering a household.
Co-Authors Abdul Mutalip Ahmad Ahmad Akhmad Khisni Rofi'atun Rofi'atun Siti Muzazanah Muzazanah