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All Journal Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam AT-TURAS: Jurnal Studi Keislaman Jurnal Bedah Hukum Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Jurnal Islam Nusantara
Muhammad Zainuddin Sunarto
Universitas Nurul Jadid
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Mediasi dalam Perspektif Maqashid Syariah: Studi tentang Perceraian di Pengadilan Agama Muhammad Zainuddin Sunarto
JURNAL AT-TURAS Vol 6, No 1 (2019): Pendidikan dan Pemikiran Islam
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.65 KB) | DOI: 10.33650/at-turas.v6i1.573

Abstract

in a marriage relationship, there will must be a conflict between husband and wife, this cannot be denied because each partner has a sectoral ego. The conflict can sometimes be resolved peacefully, but not the least that ends in divorce. The divorce process is arranged, must go through the trial process of the Religious Court with the specified procedural law. The proceedings for a lawsuit in the Religious Court must go through a mediation process between the two parties. Mediation is a way in the process of resolving disputes outside the trial in the presence of a third party tasked with reconciling the parties. Mediation is a mandate of the law to be carried out, so that the proceedings in court can be in accordance with the principle, which is fast, simple and inexpensive. The necessity of conducting mediation in a court, especially a religious court, is to reduce the number of divorces which is increasing in number over the years. Solving problems through mediation, is also a manifestation of maqashid al-shariah, namely hifdz al-nasl, because when there are problems in marriage, the marriage relationship will be damaged and problems will occur. Following up on the maqashid, in Indonesia there was a requirement to carry out mediation in the settlement of every case that went to court. The main objective is to minimize cases that must be decided, so that mediation can be resolved peacefully and safely. Keywords: Maqashid Al-Shariah, Mediation, Religious Court
LARANGAN PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF SYAD ZARI’AH IMAM AL-SYATIBI Muhammad Zainuddin Sunarto
JURNAL ISLAM NUSANTARA Vol 2, No 2 (2018): KHAZANAH ISLAM NUSANTARA
Publisher : Lembaga Ta'lif wa An-Nasyr (LTN) PBNU

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (292.763 KB) | DOI: 10.33852/jurnalin.v2i2.98

Abstract

Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion
KAJIAN MAQASHID AL-SHARI'AH TERHADAP NILAI-NILAI ISLAMI PADA SEBUAH TRANSAKSI Muhammad Zainuddin Sunarto; Putri Nur Afrida; Ulfia Nuriantini
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.4467

Abstract

All forms of muamalah can be done unless evidence forbids it. In Islam, lending and borrowing are not prohibited. Even people who give debts or loans to other people who are in dire need are something that is liked or recommended because in it there is a great reward. The reality in society is that the financial transactions carried out are not by sharia values; this is evidenced by the absence of elements that must be found in the transaction, such as contracts and clarity of the price of goods. Most Indonesian occupation adherents of the Syafii madhhab, which in the sharia fiqh discourse, all transactions carried out must be based on a clear contract. Apart from that, the public has not been adequately educated regarding the urgency of sharia transactions in each economic activity because this is correlated with carrying out God's commands and religious values . In every sharia transaction, the contract agreement is made by the parties to be implemented/fulfilled together, not to be violated or ignored, because the contract agreement has a binding nature for the parties agreeing. Hence, the contract is a powerful tool and has an urgent position in every sharia transaction. The contract must be fulfilled and maintained as a joint commitment, and the contract is the primary reference in the event of a dispute. The dharuriyyah element in a sharia transaction can be found in Islamic values that must appear in every contract carried out by each individual; this shows the implementation of hifz al-din because carrying out religious orders related to a contract. So with the description above, the values of Islamic teachings contained in a contract or transaction that must be implemented are a form of maqashid al-shari'ah that must exist in the practice of muamalah.
FENOMENA CHILDFREE DALAM PERKAWINAN Muhammad Zainuddin Sunarto; Lutfatul Imamah
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 14 No. 2 (2023): April 2023
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v14i2.2142

Abstract

The order to carry out the marriage has various objectives, which are a stimulus to carry out the marriage immediately. The most well-known purpose of marriage is to complete half of the religion, have fun (wathi'), and have children. Being childfree is an issue that has recently begun to be widely discussed on social media. Childfree is used for couples who do not want to have children or offspring after marriage. For some couples, having children or getting offspring is a big responsibility that will be held accountable in the afterlife, so some couples decide not to have children for reasons of unpreparedness to become parents for reasons of economic, environmental, and physical factors. The notion of childfree is very contrary to the goal in the form of a household that is Sakinah mawaddah warahmah decorated with children in it. The childfree understanding tends to reject Allah's shari'ah which encourages the life of couples and having righteous children, which is indicated by Allah's promises both in the Qur'an verses and the prophet's hadiths. So, it can be understood that this understanding of childfree is contrary to Islamic law and Allah's advice and guidance in running a household. Maintaining offspring or hifdz al-nasl should be done by marrying and having legitimate children
Analisis Fenomena Martial Rape Terhadap Pemenuhan Tujuan Perkawinan Muhammad Zainuddin Sunarto; Naila Jaliyah
Jurnal Bedah Hukum Vol 7 No 1 (2023): Jurnal Bedah Hukum
Publisher : Fakultas Hukum Universitas Boyolali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36596/jbh.v7i1.1008

Abstract

The occurrence of Marital Rape is due to a person who cannot withstand the turmoil of his passions without thinking about his partner who is still unable to serve because of some things that make him unwilling. This study aims to examine the “Analysis of Marital Rape Phenomena on the fulfillment of marital goals” by using a research methodology Literature study (Library Research) which uses several books, journals, and other literature as the main object to obtain data on Marital Rape. Based on the results of this study, Marital Rape should be avoided by someone who is married, because if the husband commits forced contact with his wife, it will have a bad impact such as hurting the wife either physically or psychically, the wife is afraid, the wife will be traumatized, there will also be less trust and affection of the wife towards the husband. Whereas in marriage there are several fulfillments and goals to be achieved by all couples such as the purpose of carrying out God’s commands and worship, Following the sunnah of Rosul, continuing heredity, and for psychological needs in the fulfillment of one’s sexual gratification needs. If Marital Rapeis performed by men then certainly in the family there will be no more harmony and there will be no achievement of the purpose of the execution of marriage.
MAPPING OF DIVORCE-PRONE AREAS BASED ON GEOGRAPHIC INFORMATION SYSTEM Moch Tohet; Muhammad Zainuddin Sunarto
JURNAL HAKAM Vol 7, No 1 (2023)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v7i1.6523

Abstract

The research aims to determine the location points prone to divorce in the Kraksaan District Court with the Geographic Information System application so that it can make it easier for the Kraksaan Religious Court officers to make decisions and make it easier for all people and admins in particular. The research method used in this study combines qualitative and quantitative methods. Qualitative methods are used in data collection using literature studies and observations. At the same time, the quantitative method is tested to obtain conclusions in developing this research system, namely using the waterfall method with the stages of analysis, design and coding. The study results show that: the geographic information system-based mapping application of divorce-prone areas is very effective in identifying areas that require special attention in resolving divorce cases. The information obtained from this application helps the court to direct prevention, counselling and mediation efforts in areas prone to divorce, as well as to optimize the allocation of resources and support programs accordingly.
Co-Authors Lutfatul Imamah Naila Jaliyah Putri Nur Afrida Ulfia Nuriantini