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Peradilan Agama di Indonesia Pasca UU Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas UU Nomor 7 Tahun 1989 Nursalam, Nursalam; Shuhufi, Muhammad; Sultan, Lomba
AHKAM Vol 3 No 2 (2024): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v3i2.3030

Abstract

This research aims to reveal and analyze the existence of Religious Courts as a robust and equal branch of judicial power alongside other courts, as regulated by the Judicial Power Law. Religious courts are one of the judicial bodies exercising judicial power to enforce law and justice for people seeking justice in specific cases involving Muslims, particularly in matters of marriage, inheritance, wills, gifts, endowments, zakat, infak, alms, and sharia economy. The factors supporting the existence of religious courts are based on changes in Law Number 7 of 1989 to Law Number 3 of 2006 and Law Number 50 of 2009 concerning Religious Courts. With these changes, the institutional existence of Religious Courts has been strengthened as their adjudicative authority has been expanded, making their institutional presence as solid as other courts. This expanded authority elevates the status of Religious Courts as a medium for maintaining their institutional existence. The hindering factors include the limited physical and non-physical facilities, such as human resources (HR) that are not evenly distributed in quality and quantity within the Religious Courts, and the fact that many judges in the Religious Courts do not yet fully master civil law and civil procedural law. The amendment of Law Number 50 of 2009 brought significant changes to the judiciary in Indonesia, including changes in the position and authority of religious judges. The position of judges post-amendment of Law Number 50 of 2009 is regulated by the Supreme Court, in accordance with Law Number 48 of 2009 concerning Judicial Power, which places Religious Courts alongside other courts under the Supreme Court. Additionally, the Judicial Commission exists to uphold the honor, dignity, and conduct of judges, providing external oversight of judges.
Cultural Values as Approach to Forming an Attitude of Religious Tolerance: Legal Politics of the Right to Religious Freedom Fatma, Fatma; Saleh Ridwan, Muhammad; Shuhufi, Muhammad
Journal of Law, Politic and Humanities Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i4.258

Abstract

Religious intolerance has entered an emergency phase both globally and nationally. Overcoming religious intolerance as an effort to fulfill the right to freedom of religion continues to seek the right formulation with various alternative approaches that are easily accepted by society. This article aims to provide a basic understanding of the formation of official state policies through a cultural values approach that includes values of religious tolerance in Indonesia, especially cultural values of the Bugis and Toraja tribes groups in South Sulawesi Province, Indonesia. The method used is normative legal research with historical and statutory approaches, studying secondary data consisting of primary and secondary legal materials. Data were analyzed descriptively and prescriptively. The results of the study show that in Indonesia, South Sulawesi Province, especially the Bugis and Toraja tribes, there are cultural values that contain the value of religious tolerance. In the Bugis ethnic group, there are cultural values of Siri' Na Pesse and Assimareng which mean mutual cooperation, mutual respect, and respect regardless of socio-religious status, strong solidarity, and empathy for the suffering of others. Furthermore, the value of tolerance for the Toraja tribe is contained in the Longko and Pasomba Tedong values, which mean feeling grateful by blessing and respecting each other, tolerance is expressed in good speech, body language, perspective of others, and not embarrassing other people on the grounds of religious differences, the Toraja tribes believe that looking down on others is the same as embarrassing yourself.
Musik dan Menyanyi Perspektif Fiqih Kontemporer Maghudi, Muhammad Imam; M, Misbahadduin; Shuhufi, Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 3 (2024): Madani, Vol. 2, No. 3 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12598839

Abstract

Singing accompanied by instruments (music) or without music is an issue that has always been debated among scholars since ancient times. They agree on some things and disagree on some things. There is disagreement or differences of opinion among scholars regarding the laws of music and singing. This is actually a problem ijtihâdiyah, namely problems in the realm ijtihad (fî majâl al-ijtihâd), in the sense of no jum?d (rigid), but wide open to interpretation (interpretation). This is because there are no texts that specifically qath'i (definitely) andshare (obviously) which prohibits music and singing. This type of research is library research (library research). The data sources used are primary and secondary data sources.
Pidana Mati Terhadap Tipikor Perspektif Fikih Islam Amir, Nurhikma; Shuhufi, Muhammad; P, Patimah
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11624143

Abstract

This article discusses how the death penalty for corruptors is based on Islamic law, what the theory of punishment in Islamic law is for criminal acts of corruption, and what the death penalty for corruptors is in Islamic law. The research method used is library research, namely by searching and collecting data from libraries such as history books. The results of this research are that according to the Islamic perspective, corruption is part of the study of jinayah fiqh and is included in the category of criminal acts. In Jinayah defines the meaning of corruption, namely Ghulul (embezzlement), Risywah (bribery), Ghasab (forcibly taking other people's rights), Sariqah (theft), Hirabah (robbery), and al-Maks (illegal levies). There are two theories of punishment in Islamic law regarding the death penalty for corruptors, namely zawajir (prevention) and jasar (coercion). In Islamic law, the death penalty can be applied in three forms, namely, qishàsh, hudud and ta`zìr.
Korupsi Versus Hibah dan Hadiah Perspektif Hukum Islam Salsabila, Shabrina Syifa; Shuhufi, Muhammad; Amin, Abd. Rauf Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12204654

Abstract

This study attends to analyze the ulama’s perspective regarding the corruption, gift and grants, as well as the actions taken to prevent corruption, discusses the issue of corruption that occurs in human life. However, the problem is how the grants and gifts given to certain parties are categorized as corruption. This research is library research which is analyzed with a qualitative approach with national law and Islamic law perspectives. The results showed that from the point of view of Islamic law, people's insights were very limited to the issue of bribes and rewards. Some people think that bribery is not a crime, but only a small mistake. Some others, even so, that bribes are forbidden, but they do not care about the prohibition, let alone because they get the benefits. On the other hand, society perceives the bribe as a gift or a token of gratitude. Some even think of it as money for the help someone has given, so they don't feel it as a mistake or even a crime.
Peran Ulama dan Tokoh Ormas Muhammadiyah Dalam Menangkal Golput Perspektif Fikih Siyasah A, Abriansyah; Shuhufi, Muhammad; Amin, Abd. Rauf Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 5 (2024): Madani, Vol. 2, No. 5 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12583863

Abstract

The phenomenon of abstention from voting, known as golput, which refers to the behavior of not voting in elections, is a significant concern in the context of political participation in Indonesia. Muhammadiyah, as one of the largest Islamic mass organizations in Indonesia, holds a substantial influence in the social and political life of Muslims. This article examines the role of ulama and Muhammadiyah figures in countering golput from the perspective of fiqh siyasah, a branch of Islamic jurisprudence that governs public administration and policy. The research method used is descriptive qualitative with a literature study approach and in-depth interviews with ulama and Muhammadiyah figures. The findings indicate that ulama and Muhammadiyah figures play a strategic role in raising political awareness among the ummah through da’wah, political education, and persuasive approaches based on Islamic values. From the perspective of fiqh siyasah, political participation through elections is viewed as a collective obligation (fardhu kifayah) that must be carried out to achieve public welfare. Thus, the role of ulama and Muhammadiyah figures in countering golput not only contributes to increasing political participation but also strengthens democracy and socio-political stability in Indonesia.
Menghujat dan Unjuk Rasa Dalam Perspektif Hukum Islam Kurniawan, Muhammad Zuhud; Amin, Abd. Rauf Muhammad; Shuhufi, Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 5 (2024): Madani, Vol. 2, No. 5 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12296850

Abstract

The term demonstration/demonstration in Islamic politics has many meanings, namely muzaharah, demonstrations which are synonymous with violence (anarchy) and can also be said to be supportive actions as a form of support for individuals or groups. Another term is masirah, which is the opposite of muzaharah without ending in anarchism. Diversity, differences in views, misunderstandings, and anything that can trigger conflict among the people can be minimized. Politics is the right of every citizen. Rasulullah saw. pun is a complete figure; Apostles, heads of households, scholars, statesmen and even politicians. However, in terms of politics, the Prophet SAW. always prioritizes ethical aspects in politics. The current era of openness and freedom of opinion has become an open space for some people to voice ideas and thoughts which often turn into acts of blasphemy, criticizing, insulting, indulging in disgrace, or insulting other people or parties outside their group.
Analisis Fatwa-Fatwa MUI Tentang Nikah di Bawah Tangan R, Riska; Shuhufi, Muhammad; Amin, Abd Rauf Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11623859

Abstract

In this research, the researcher is interested in examining the rights of women and children born from underhanded marriages and what the MUI fatwa regarding underhanded marriages is. The author uses normative legal research methodology and a fiqh approach. The author concludes that private marriages have many negative impacts, especially for women and children born from private marriages, there is no legal protection for the rights of wives and children because hand-held marriages are not registered by the State. In this case, the author agrees with the MUI to require marriages to be registered in official government institutions. The official institution in question is the Ministry of Religion through the Director General of Islamic Community Guidance, then through the Regional Office of the Ministry of Religion, Province, then the Ministry of Religion, Regency, City, then distributed to the KUA in each District throughout Indonesia. takes priority over attracting benefits and the rule of sad al-Zari'ah (closing the path of damage)
Tren Busana Muslim dalam Perspektif Hukum Islam Rahmadani, Nur Fitri; Shuhufi, Muhammad; Halim, Fatimah
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12207492

Abstract

Muslim fashion trends have experienced significant changes in the last few decades, along with increasing awareness of Islamic identity and the influence of globalization. This article examines Muslim fashion trends from the perspective of Islamic law with a focus on the Sharia principles governing clothing and how the latest trends reflect or challenge these norms. This research uses a qualitative method by using literary analysis from books, journals and other reliable sources. The research results show that despite efforts to adhere to Sharia principles, social and cultural dynamics influence the interpretation and application of Islamic law in Muslim clothing.
Kepemimpinan Perempuan Perspektif Hukum Islam Wulandari, Ulfah Yunita; M, Misbahuddin; Shuhufi, Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 7 (2024): Madani, Vol 2. No. 7, 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12546386

Abstract

In the period before the arrival of Islam, it was known that women suffered greatly and lived in poverty, but after the introduction of Islam, it was able to change the discriminatory situation that occurred before and enable women to have a decent life equivalent to prosperity. male position. In this article we present an example of female leadership in Islamic law. This article aims to provide an understanding of the views that allow women to become leaders in a country with the same position as men. Using normative research methods or bibliographic legal research is used as a research method. The normative approach is used to study and analyze library materials or search for information identified with research materials as legally required materials related to the research materials being conducted. So it can be concluded that women's leadership in Islamic law is something that is urgent to discuss, even always a debate that never ends. This is because leadership is a reciprocal agreement between the leader and the people whose duties are quite complex, as servants of the people who must be able to realize a sense of justice, create a sense of security, maintain disintegration until the ability to obtain the Baldatun Thaiyibatun Warabbun Ghafur State.