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Mutawasith: Jurnal Hukum Islam
Published by IAI Latifah Mubarokiyah Tasikmalaya
ISSN : 27222764     EISSN : 27234681     DOI : -
Core Subject : Religion,
Religion
Mutawasith is the academic journal of Islamic law that was first published in 2018 by the Program of Sharia Economics Law (Muamalah) of the Institute of Islamic Religion Mubarokiyah Tasikmalaya. The Mutawasith Journal is published periodically twice in one year in June and December. The focus of the study from the Mutawasith Journal emphasizes the research or conceptual results relating to the study of Islamic law, sharia economic law, family law, and the social institution of contemporary Islamic Law (actual) by writing methods referring to the standards of scientific writing. The Mutawasith Journal publicly receives contributions from academics and non-academics related to the topic of journal Studies. All published articles do not necessarily present a journal view, or other institution that has a relationship with the publication of a journal.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 65 Documents
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Perceraian Disebabkan Perselingkuhan (Studi Kasus Satu Keluarga di Kelurahan Oesapa Kupang) Imam Faishol; Fitriana Azzahrah
Mutawasith: Jurnal Hukum Islam Vol 5 No 1 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i1.434

Abstract

This research is motivated by the life of a family who does not get a living physically and mentally for approximately 9 years due to the husband having an affair and leaving his house. This research is a qualitative field research with analytical descriptive research methods based on the theoretical basis of the problem by collecting research data using interview techniques to informants, then the data that has been collected is processed by editing and analyzed based on a review of Islamic law. The final conclusion from the research on divorce due to infidelity are: The factors that cause infidelity are frequent fights, boredom, living far apart, the presence of other women, no mutual attention. A review of Islamic law regarding divorce due to infidelity that is not in accordance with Islamic law, in infidelity there are many things that are contrary to Islam and cheating is prone to adultery, from adultery all bad things begin.
Sedekah Wajibah dalam Zakat Hewan Ternak: Sebuah Tinjauan Hadits tentang Zakat Ahmad Alamuddin Yasin
Mutawasith: Jurnal Hukum Islam Vol 5 No 1 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i1.436

Abstract

This paper aims to examine more deeply the meaning of the Hadith context of the obligation of zakat in the form of a letter written by Abu Bakr R.A on the orders of the Prophet. The research method used by the author is to use qualitative research methods. Meanwhile, when viewed from the research sources, this research can be categorized as library research. The results of this study indicate that the purpose of zakat which is to be herded as described by Wahbah Zuhaili is to be fat, reproduce quickly and in large numbers. Meanwhile, this does not apply in Indonesia because the conditions in Indonesia now and at the time of the Prophet are very different. Shepherd or not, livestock in Indonesia must be issued zakat.
Activities of Rain Handlers Reviewing from Islamic Sharia and Traditions Mohammad Adnan; Badrah Uyuni
Mutawasith: Jurnal Hukum Islam Vol 5 No 1 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i1.440

Abstract

This article discusses rain handlers whose activities are believed to be able to move or stop the rain. The activity of the rain handler has become a tradition that until now is needed not only for activities related to culture but general activities in modern society. By using a qualitative method that uses documents, research results, and observations as data sources which are then analyzed according to social phenomena, it produces an understanding that the rain handler is under a dialectic of magic, religion, and science. This article also mentions the opinions of scholars who are pro and contra regarding this activity. The conclusion is that the law of using the services of a rain handler is not allowed in Islam but it is different from asking a pious or pious person to pray so that it does not rain.
Kedudukan Non Muslim dalam Berperkara di Pengadilan Agama Atas Dasar Asas Personalitas Keislaman Rina Septiani
Mutawasith: Jurnal Hukum Islam Vol 5 No 2 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i2.437

Abstract

The principle of Islamic personality is one of the general principles contained within the Religious Courts. This research tries to examine the position of non-Muslims in litigation in the Religious Courts on the basis of the principle of Islamic personality. This study uses a normative juridical approach (doctrinal research) with descriptive analytical research specifications, namely by examining library materials through searching and studying some of the literature (in the form of library data, journals, internet media, magazines and supporting research results) related to application and development of the principle of Islamic personality within the religious courts. The results of the research show that the principle of Islamic personality can be interpreted by emphasizing that the litigants must be both Muslims; Disputed cases must concern marriage, inheritance, wills, grants, endowments, zakat, infaq, shadaqah and sharia economics; The legal relationship that underlies these civil matters is Islamic law. So with this principle it is possible for non-Muslim citizens who are subject to the provisions of Islamic law to settle their disputes in the Religious Courts.
Konsep Perbandingan Harta dan Implikasinya dalam Ekonomi Islam Endah Robiatul Adawiyah; Inayatul Ummah; Udin wahrudin
Mutawasith: Jurnal Hukum Islam Vol 5 No 2 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i2.443

Abstract

The Paper is to study the Fikih Assets Comparison; Implications In The Islamic Economy. This research uses qualitative methods with a library study approach. in analyzing the position of property in Islamic economics that has a diversity of jurisprudence viewpoints. The discussion of property is considered important because all humans like property and there is a tendency to own property, the existence of property can harm or benefit humans depending on how they view the position of the treasure itself. The main contribution of this study concern on fill the gap how the concept of sharia economics in the professional persfection of jurispruding
Putusan Hakim Pengadilan Negeri Surakarta terhadap Perkawinan Beda Agama yang Legal Secara Hukum Negara Muhammad Husni Abdulah Pakarti
Mutawasith: Jurnal Hukum Islam Vol 5 No 2 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i2.445

Abstract

This article discusses intermarriage which has been an endless controversy even though most religions have banned the practice of marriage. Section 35a of Population Act No. 23 of 2006 became the basis for heterosexual marriage agreements, after being rejected by the civil status registry due to marital obstacles. To determine a trial, the judge studies the law according to his knowledge and experience. At Decree No. 454 / Pdt.P / 2018 / PNSKt. For example, judges allow marriage between parents, but on the other hand, many decisions are reversed, so researchers are interested in this issue. The research method used is qualitative research (library study) with sociological and normative legal approach. The results show that marriages between married couples can be prosecuted as long as they get the permission of the district court by filing an application with rebuttal evidence as evidence, then can be registered in the military. team. But there are a few barriers, namely the emergence of legal uncertainty that make post-marital decisions so diverse and impactful that married couples think twice. thousands of times about marriages according to different religions.
Pandangan Hukum Islam terhadap Upaya Penanggulangan Konflik dan Bentrok Fisik di Indonesia Haris Haris; Abd. Rahman R.; Kurniati Kurniati
Mutawasith: Jurnal Hukum Islam Vol 5 No 2 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i2.461

Abstract

This paper aims to analyze the extent of the concept of overcoming conflict and physical clashes in the perspective of Islamic law. The results can be concluded that Islam as a perfect religion has a concept or guidance in tackling conflicts between fellow human beings, the concept is contained in the Qur'an and Sunnah as a guide for all Muslims. There are at least five concepts given by Islam in terms of conflict management. These concepts are tabayyun (clarifying news in order to seek clarity and clarification of information, especially information that is still unclear which can lead to slander and conflict), tahkim (mediation efforts by bringing in peacemakers to reconcile the two conflicting parties), deliberations ( conducting dialogue to make joint decisions to solve problems, namely forgiving each other to reduce conflict) and Al islah (making peace or spreading peace, for example doing good, advocating for people to make peace with one another respecting each other or Amar ma'ruf nahi mungkar)
Tinjauan Maqashid Syariah terhadap Hierarki Hukum Hewan Kurban Terindikasi Penyakit Mulut dan Kuku dalam Fatwa Majelis Ulama Indonesia Muhtarul Alif
Mutawasith: Jurnal Hukum Islam Vol 5 No 2 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i2.480

Abstract

This study aims to examine the hierarchy of sacrificial animals in the MUI fatwa number 32 of 2022 from the maqashid sharia perspective. MUI's role as an aspirator of community religious expression to the government makes MUI have a central role in community religious practices, MUI fatwa number 32 of 2022 regarding guidelines for sacrificial worship during an outbreak of Mouth and Nail Disease is an example. The fatwa classifies sacrificial animals into four categories. The categorization of the results of ijtihad from the MUI makes maqashid sharia the foundation for providing solutions to the maintenance of religion, soul, mind, honor and economic aspects. The method used in this study is a qualitative method with an analytical descriptive approach. The results of the study show that the hierarchy of sacrificial animals according to the MUI's ijtihad considers aspects of maintaining religion by continuing to strive for sacrificial worship, aspects of protecting the soul by paying attention to public health, aspects of preserving the mind by closing the possibility of damage to brain nerve cells, aspects of maintaining honor by closing opportunities for accusations of Islamic unscientificity , and aspects of maintaining the economy by allowing sacrifices with certain conditions.
Prinsip Kemanfaatan Ujrah pada Take Over Kredit Kepemilikan Rumah (KPR) di Bank Syariah melalui Pendekatan Maqāshīd Syarīah Maudyna Fitria; Rahmadi Indra Tektona; Dyah Ochtorina Susanti
Mutawasith: Jurnal Hukum Islam Vol 5 No 2 (2022)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v5i2.503

Abstract

The ujrah system in the take over of home ownership loans in Islamic banks on the use of hawalah and qardh contracts, which are basically hawalah and qardh contracts, is a type of tabarru' contract which is helpful or voluntary and may not take profit. The existence of taking Ujrah or fees in take over KPR transactions by Islamic banks, of course, is a deviation with the meaning of tabarru', namely helping, but taking Ujrah in the hawalah contract is allowed based on the DSN fatwa Number 58/DSN-MUI/V/2007 concerning Hawalah bil Ujrah must based voluntarily and by agreement, although hawalah itself in the theory of Islamic law contracts is a tabarru or non-profit contract. The research method is a normative (doctrinal) research method, which examines or analyzes legal rules related to the object of this research, namely the ujrah system in take over in Islamic banks. So it can be concluded that the use of the ujrah system in the practice of taking over home ownership loans at Islamic banks has the characteristics of a fee-taking system for the benefit of goods or services, not to get excessive profits because it is helping.
Ijtihad Methods in Dealing with Nomophobia Ma'sum Anshori; Teten Jalaludin Hayat
Mutawasith: Jurnal Hukum Islam Vol 6 No 1 (2023)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v6i1.588

Abstract

This paper discusses the application of ijtihad methods in dealing with nomophobia, which is the fear of being without a mobile phone. The study is qualitative in nature and uses a descriptive approach to collect data from various sources, including literature on ijtihad and nomophobia. The data collected will be analyzed using qualitative analysis techniques such as content analysis or thematic analysis. The negative impact of nomophobia on mental health is significant, including anxiety, depression, social isolation, and a decrease in quality of life. The paper proposes that using the ijtihad methods: qiyas, istislah, istihsan, istishab, sadd al-dhara’i, ijma, urf, and maqasid shari’ah, can provide a way to address this issue by encouraging critical thinking and reflection on the impact of technology on mental health. The paper concludes with various strategies that individuals can use to overcome nomophobia, including limiting screen time, avoiding mobile phone use before bedtime, and seeking support from friends and family.

Page 6 of 7 | Total Record : 65

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