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All Journal Ajudikasi : Jurnal Ilmu Hukum Al-Istinbath: Jurnal Hukum Islam
Muhammad Dimyati
Institut Agama Islam Ma’arif NU (IAIMNU) Metro Lampung
Religion Law, Crime, Criminology & Criminal Justice

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Pengambilan Harta Wakaf Perpektif Hukum Islam dan Undang-Undang No. 41 Tahun 2004 (Studi Kasus di Desa Karang Anyar Kec. Jati Agung Kab. Lam-Sel Tahun 2016) Ahmad Mukhlishin; Teguh Arifin; Muhammad Dimyati
Ajudikasi : Jurnal Ilmu Hukum Vol. 2 No. 1 (2018): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v2i1.620

Abstract

According to Islamic Law, Wakaf is to give up land or other objects that can be utilized by the Islamic Ummah without damaging the Wakaf objects and to grant the Wakaf objects to someone or to a legal entity to be utilized for the benefit of Islamic Ummah. Based on Agrarian Law, wakaf is an eternal transfer of right. The consequence is that the land becomes institutionalized forever and the right to land can no longer be transfered to the other partie either by means of trading, exchanging, granting and so on unless there is a legal reason allowing it.his analytical descriptive study with sociological juridical approach described the fact found in the community of Percut Jati Agung subdistrict. The result of this study showed that the problematic of wakaf land registrationin in karang anyar Percut jati agung  subdistrict, lampung selatan District were 1) the community members living in Percut jati agung Subdistrict did not understand much especially about wakaf land registration and certification, 2) the wakif (the one donates the wakaf object) could not issue the certificate for the donated land, while the declaration of wakaf (donation) had been made at KUA by PPAIW, and 3) the personnel working of KUA or BPN was very minimal that many declarations of donated land at KUA or Registrations of the donated land at BPN have not been handled. In the process of donated land registration.The related parties are suggested to handle the wakaf cases more maximally and to socialize the land registration and land donation that it can create a legal awareness in the community members and they understand the importance of land registration
Metode Penetapan Hukum Dalam Berfatwa Ahmad Mukhlishin; Aan Suhendri; Muhammad Dimyati
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.194 KB) | DOI: 10.29240/jhi.v3i2.444

Abstract

Fatwa is the answer to the problem that arises, usually respond to contemporary things. This can be seen from a series of fatwa issued by the MUI. from the problem golput, cigarettes, pre-wedding photos, motorcycle taxi women and many other things. Fatwa is a very urgent case for humans because not everyone is able to explore the laws of the Shari'a. Or it can be concluded that the fatwa is an explanation of Sharia law on various issues that occur in the midst of society. Therefore, given the importance of the position of the fatwa, it should be done that the people do not ignore the fatwas issued by the Fatwa scholars born because of the consideration of the benefit of the ummah or mashalihul ummah, and in this paper will be discussed about the methods of law enforcement in berfatwa. One of the conditions for determining fatwas is that they must fulfill the methodology (manhaj) in teaching, because it establishes fatwas without regard to manhaj including those which are prohibited by religion. Establish a fatwa based solely on the necessity (li al-hajah), or because of the benefit (li al-mashlahah), or because the essence of religious teachings (li maqashid as-syari'ah), with no adhering to nushus syar'iyah, including the excessive group (ifrathi). Within the scope of the fatwa there are some important things that must be noticed by a mufti (giver of fatwas) and a mustafti (the person who asks fatwas) so that the resulting fatwa can be useful in solving a problematika. For the sake of perfection a fatwa of mustafti must use some method which must be consumed in solving problem which in ijtihadi at that time, like method bayani, ta'lili and termi.
Co-Authors Aan Suhendri Ahmad Mukhlishin Teguh Arifin