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All Journal MIQOT: Jurnal Ilmu-ilmu Keislaman AL QUDS : Jurnal Studi Alquran dan Hadis AT-TAFAHUM: Journal of Islamic Law Journal Analytica Islamica Istinbath: Jurnal Hukum dan Ekonomi Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Bukhari: Jurnal Ilmu Hadis Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Nawir Yuslem
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

 1 
Productive Waqf with Money (Cash Waqf) in the View of the Acehnese Dayah Scholars Anwar Anwar; Nawir Yuslem; Syafruddin Syam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 21, No 2 (2022): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.474 KB) | DOI: 10.31941/pj.v21i2.2416

Abstract

This study focuses on exploring the views of the dayah scholars in Aceh and the dynamics behind their different views on cash waqf which are becoming popular in Indonesian society. Designed in the form of a qualitative research, research data were collected through in-depth interviews with 8 prominent dayah scholars in Aceh, who were selected purposively. The eight scholars who were used as key informants for this research were charismatic scholars who were always used by the people of Aceh as the mecca of legal fatwas. Data were also collected through repeated observations to research sites and document studies related to the topic being researched. The results of the study show that the dayah scholars in Aceh have different views in executing the law allowing cash waqf. This difference occurs because each scholar has a different perspective in understanding the source of waqf law, both in terms of text and context. In the end, this study argues that the view of the dayah scholars regarding cash waqf which has been very textual in nature, must be shifted to contextual, so that the implementation of cash waqf is carried out properly as an effort to improve the welfare of the Acehnese people.
THE CONCEPTION OF SAKINAH FAMILY: A JUSTICE MUHAMMADIYAH PERSPECTIVE IN EMPIRICAL LAW Rasta Kurniawan Br Pinem; Nawir Yuslem; Dhiauddin Tanjung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3886

Abstract

The concept of a sakinah family is a conception offered by Muhammadiyah as a solution to form an ideal family in accordance with Islamic law. The concept of a sakinah family indirectly supports the development of government legal policies in an effort to build a more harmonious and prosperous Indonesian family. This study aims to analyze the application of the sakinah family conception to the Muhammadiyah family in Medan City. This research is an empirical legal research with descriptive qualitative data analysis. Primary data were obtained from interviews and secondary data in this study included laws and regulations, the Fatwa of the Tarjih Council, as well as relevant books and journal articles. The results of the study confirm that the implementation of the sakinah family conception is carried out by focusing on the implementation of the three main functions of the family, namely on the religious aspects, affection and legal protection. Even though it has been implemented, the implementation of the Muhammadiyah/Aisyiyah organization in Medan City can be said to be not optimal because there is no comprehensive understanding due to the lack of optimal socialization related to the conception of the sakinah family to Muhammadiyah/Aisyiyah members in Medan City. The contribution and active participation of Muhammadiyah/Aisyiyah members in Medan City is the most important element as emphasized by Chambliss and Seidman that the implementation of law is influenced by non-legal aspects which in this context, religious (religious) aspects occupy an important aspect in realizing family development through the application of the family conception. sakinah proclaimed by Muhammadiyah.
Factors Supporting The Position And Role Of Minangkabau Women In Resolving Heritage Conflicts In West Sumatra Imam Mahardinata; Nawir Yuslem; Asmuni Asmuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3334

Abstract

Conflict resolution of heritage is a problem that often occurs in Indonesian society. This conflict usually occurs due to disagreements in dividing inherited property between family members. In West Sumatra, Minangkabau women are essential in resolving inheritance conflicts. This article will explain the factors that support the position and role of Minangkabau women in resolving heritage conflicts in West Sumatra. This research is empirical legal research or (socio-legal research) with socio-empirical studies with qualitative research. The approach method used in this study is part of legal pluralism (mix or mix), including philosophical, sociological, phenomenological, and legal anthropological approaches. This article aims to provide an understanding of the role and position of Minangkabau women in resolving heritage conflicts in West Sumatra. The factors that support their role are Economic, Educational, Psychological, and Social factors. It is hoped that this article can provide a better insight into the importance of the role of women in resolving inheritance conflicts, as well as provide proper recognition for Minangkabau women for their contributions to society
THE CONCEPTION OF SAKINAH FAMILY: A JUSTICE MUHAMMADIYAH PERSPECTIVE IN EMPIRICAL LAW Rasta Kurniawan Br Pinem; Nawir Yuslem; Dhiauddin Tanjung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3886

Abstract

The concept of a sakinah family is a conception offered by Muhammadiyah as a solution to form an ideal family in accordance with Islamic law. The concept of a sakinah family indirectly supports the development of government legal policies in an effort to build a more harmonious and prosperous Indonesian family. This study aims to analyze the application of the sakinah family conception to the Muhammadiyah family in Medan City. This research is an empirical legal research with descriptive qualitative data analysis. Primary data were obtained from interviews and secondary data in this study included laws and regulations, the Fatwa of the Tarjih Council, as well as relevant books and journal articles. The results of the study confirm that the implementation of the sakinah family conception is carried out by focusing on the implementation of the three main functions of the family, namely on the religious aspects, affection and legal protection. Even though it has been implemented, the implementation of the Muhammadiyah/Aisyiyah organization in Medan City can be said to be not optimal because there is no comprehensive understanding due to the lack of optimal socialization related to the conception of the sakinah family to Muhammadiyah/Aisyiyah members in Medan City. The contribution and active participation of Muhammadiyah/Aisyiyah members in Medan City is the most important element as emphasized by Chambliss and Seidman that the implementation of law is influenced by non-legal aspects which in this context, religious (religious) aspects occupy an important aspect in realizing family development through the application of the family conception. sakinah proclaimed by Muhammadiyah.
Co-Authors Ahamd Qorib Ahmad Faisal Anwar Anwar Ardiansyah Ardiansyah Asmuni Asmuni Dhiauddin Tanjung Fadhilah Is Imam Mahardinata Juriono Juriono Kholidah Kholidah Muliadi A. Nasution, Ismail Fahmi Arrauf Rasta Kurniawan Br Pinem Sulidar Sulidar Sulidar Sulidar Syafruddin Syam T. Wildan Uqbatul Khoir Rambe Zakirun Zakirun