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Miftakur Rohaman
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MASADIR: Jurnal Hukum Islam
Published by Institut Keislaman Abdulla Faqih Gresik
ISSN : 2775992X     EISSN : 27760103     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Focus MASADIR: Jurnal Hukum Islam emphasizes the study of Islamic family law and Islamic economic law countries in general and specifically in Indonesia by emphasizing the theories of Islamic family law and Islamic economic law and its practices in the Islamic worlds that developed in attendance through publications of articles and book reviews. Scope This Journal specializes in studying the theories and practices of Islamic family law and Islamic economic law in Islamic countries and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Family Law Islamic Family Law Family Study Islamic Criminal Law Customary Law Sharia Economic Law Islamic Constitutional Law Islamic Comparative law Anthropological Law Sociological Law Marriage and Gender Issue History of Islamic Family Law and Islamic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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PERGESERAN MAKNA SIFAT MELAWAN HUKUM DALAM TINDAK PIDANA KORUPSI Muhammad Rutabuz Zaman
MASADIR: Jurnal Hukum Islam Vol 1, No 2 (2021): Oktober 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i2.370

Abstract

Abstract: The meaning of being against the law (wederrechtelijkheid) has shifted several times from being against the law in a formal sense (formele wederrechtelijkheid) to include being against the law in a material sense (materialele wederrechtelijkheid). From the nature of 'against the law' in the material sense (materialele wederrechtelijkheid) which functions negatively, it shifts to include the nature of 'against the law' in the material sense which functions positively and then again shifts to the nature of 'against the law' in the material sense which functions negatively. This is due to none other than the fact that judges in examining, adjudicating and deciding cases are required to explore, follow and understand the values of law and justice that live in society, in addition to the existence of the House of Representatives as a legislative power, which has the authority to make new laws and other authorities. The Constitutional Court in conducting a judicial review of the law against the 1945 Constitution Cq the Corruption Act. Key word: Against the Law, Crime, Corruption
ADOPSI ANAK DALAM TINJAUAN MADZHAB SYAFI’I Abdul Halim; Khuzaimah .
MASADIR: Jurnal Hukum Islam Vol 1, No 1 (2021): APRIL 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i1.330

Abstract

Abstrak: One of the signs of happiness and family harmony is the birth of a child. Besides that, a pious child can also be an investment in the afterlife for his parents. However, not all family couples can have offspring, so there are various ways to have them. One of the ways couples have children is by adopting a child. However, not all Indonesian citizens know the correct method of adoption. How the Child Adoption And in the view of the school of shafi'i, the procedure for adoption of children can have legal consequences related to the lineage of the adopted child, the marriage guardian of the adopted child, and the inheritance status of the adopted child.Kata Kunci : Adoption, Indonesia, Madzhab Syafi'i
INTELEKTUAL MODERNISME DAN INTELEKTUAL SALAFISME: UPAYA MENUJU INSAN YANG MADANI DI ERA DIVERGENSI Achmad Nasrulloh
MASADIR: Jurnal Hukum Islam Vol 1, No 1 (2021): APRIL 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i1.331

Abstract

Abstrak: This study aims to determine the attitudes or intellectual character of modernism and salafism that exist in pesantren academics who are also university students in responding to some of the problems they have encountered. The results of this study indicate that Mambaus Sholihin students use the intellectual character of modernism and salafism in answering several problems, in this case in the form of a view on professional zakat and an analysis of the verses of Q.S At-Taubah. Then in a review of Karl Mannheim's social theory on social action and the meaning of behavior of students of Santri Mambaus Sholihin which contains 3 object meanings. First, the objective meaning is that students of Mambaus Sholihin students have views on several things related to professional zakat and provide. The two meanings are expressive, that they view intellectual modernism as a type of thought that prioritizes rationality from contemporary and classical references that tend to tectulize from the Al-Qur'an and the Prophet's Hadith. The third documentary meaning is that the intellectual character of modernism and salafism has become something that is very inherent in santri students in answering various problems found from classical or contemporary reference sources.Kata Kunci : Intelektual Modernisme, Intelektual Salafisme.
TATA KERJA PEMBENTUKAN FATWA-FATWA MUI: Melacak Karakteristik Ushul Fiqh MUI dalam Memutuskan Hukum Taufiqur Rahman
MASADIR: Jurnal Hukum Islam Vol 1, No 2 (2021): Oktober 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i2.371

Abstract

Abstract: The Indonesian Ulama Council is a forum or assembly that brings together scholars, zu'ama> and Indonesian Muslim scholars to unite the movements and steps of Indonesian Muslims in realizing common goals. The Indonesian Ulema Council was established on July 26, 1975 in Jakarta. The presence of MUI as a place of reference for Muslims in Indonesia in dealing with and resolving and deciding a law that occurs in Indonesian society is a necessity. Therefore, there have been many legal fatwas born from this organization since the beginning until this modern era. Be it in matters of religious practice, social, economics, science, medicine and even the political realm. The development of Islamic legal thought in Indonesia faces complex dynamics due to the unique socio-political system that exists. Thus, the MUI fatwa itself is not uncommon or often counter-productive both externally and internally by Muslims themselves. The author in this study intends to critically describe the MUI fatwa itself, both in terms of its existence and its manhaj. Key word: Indonesian Ulema Council, Fatwa, Us{u>l Fiqh, Ijtiha>d
EKSISTENSI MAFQUD (SOLUSI ATAS MASA TANGGUH BAGI ISTRI DAN STATUS AHLI WARIS) Miftakur Rohman
MASADIR: Jurnal Hukum Islam Vol 1, No 1 (2021): APRIL 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i1.326

Abstract

Abstract: Natural phenomena such as natural disasters are part of sunnatullah, of course there are wisdoms and problems that arise from them. Floods, landslides, fires, and even drought are among the examples. From this incident some people died, were injured and people were missing. Missing people create problems for the household, especially for wives who need certainty to remarry, as well as the status of their heirs. This issue attracted the attention of scholars to provide legal clarity and was responded to with several answers. For the tough period a wife can marry, first, the missing person is confirmed to have died. Second, waiting four years and four months and ten days as iddah for a wife whose husband died. Third. According to the judge's decision. However, if the mafqud returns there are 2 opinions. First, a wife is still the second husband's wife. Second, a husband who is mafqud can withdraw his wife or give her compensation for a mitsil dowry. Meanwhile, the issue of the status of the heir of mafqud. First. The wealth may not be distributed until it is clear that the mafqud has passed away or the death of the majority of people his age. Second, if the inheritance has been divided and the mafqud arrives, the heir must return it or replace it.Key word: Mafqud, Tough Period, Status of Heirs
MUZARA`AH: TEORI DALAM HUKUM ISLAM DAN APLIKASINYA DALAM KERJASAMA DI BIDANG PERTANIAN Dani El Qori
MASADIR: Jurnal Hukum Islam Vol 1, No 1 (2021): APRIL 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i1.341

Abstract

Abstrak: Agriculture is the primary sector in the Indonesian economy. Massive infrastructure development has an effect on the reduction of agricultural land. A lot of land is not used by the owner because of his inability in agriculture. On the other hand, many farmers who control agriculture but do not own agricultural land. This is the background of cooperation between land owners and farmers with an agreement to share the harvest. This cooperative practice is found in many regions in Indonesia. In Islamic law this practice is identical to the muzara`ah contract. This article discusses the theory of the muzara`ah contract in the study of Islamic law and its application in cooperation in the agricultural sector. Scholars have different opinions regarding the validity of the muzara`ah contract. Hanbali, Maliki, and Hanafi madhhab scholars state that this contract is valid in Islamic law. The application of the muzara`ah contract is ideally based on togetherness and openness between the two parties.Kata Kunci : muzara`ah, cooperation, agricultural, Islamic Law
REKONSTRUKSI AKAD HUTANG YANG DIANSURANSIKAN PERSPEKTIF SAD AL-DHARA>I‘ Bakhrul Huda
MASADIR: Jurnal Hukum Islam Vol 1, No 2 (2021): Oktober 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i2.374

Abstract

Abstract: The Debt Contract (Qard) is originally quite simple, where the debtor (muqtariḍ) is the one who really needs it to fulfill his primary needs. With the presence of banking today, muqtariḍ is no longer a person who really needs to fulfill their primary needs, but secondary and even tertiary needs are served by the bank (muqri) with collateral from muqtari customers or insurance. This article wants to reconstruct how the practice of insured debt from Sad al-Dharāi' perspective. With library research model and normative approach, where the data used is secondary data. As a result, the insured debt is categorized as a hybrid contract if it is analyzed by Sad al-Dharāi' there are benefits and harms. However, as long as the debt is far from usurious and the insurance is included in the category that the majority of scholars allow it, it is not a problem to become a hybrid contract. But if you choose to apply a minor opinion, then there is no problem with the insured debt contract. Key word: Debt, Insurance, Hybrid Contract, Sad al-Dharāi‘.
MEKANISME PEMBATALAN PERKAWINAN DAN IMPLIKASINYA TERHADAP HAK PEREMPUAN ATAS POLIGAMI TANPA IZIN DI INDONESIA Alfiyah Faizatul Arif
MASADIR: Jurnal Hukum Islam Vol 1, No 1 (2021): APRIL 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i1.327

Abstract

Abstract: A marriage can be broken up due to death, divorce and decisions of a religious court. Both due to divorce and annulment of marriage. Annulment of marriage can be filed for a variety of reasons, one of which is a polygamy committed without the permission or knowledge of the first wife. Then it has an impact on a marriage that is considered unprecedented. However, it is still a question of all the consequences and impacts therein. Using a normative juridical approach, this paper discusses how annulment of marriage in the practice of religious court law and what rights women get after the annulment of marriage. This paper argues that the mechanism of annulment of marriage for unlicensed polygamy resulting in marriage being considered to have not effect on the confusion of women's rights.  Keywords: Annulment of marriage, Polygamy without the permission, and Women’s right.
LEGALITAS INVESTASI PEMERINTAH DAERAH TERHADAP PERUSAHAAN MINUMAN KERAS UNTUK MENAMBAH APBD: Tinjauan Maq>as}id Syari>’ah Ita Wardatul Janah
MASADIR: Jurnal Hukum Islam Vol 1, No 2 (2021): Oktober 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i2.368

Abstract

Abstract: Local governments have the task of increasing regional cash income, one of which is obtained through dividends from investments. The liquor industry is a business field that is closed to investment activities because it is against the general morality of the Indonesian people, but in fact there are limited companies whose shares are owned by local governments. This study uses a maqa>s{id syari>’ah approach from Jaseer Auda's perspective. So that it is obtained: first, the local government's policy to invest in the liquor industry with the excuse of adding to the APBD is wrong. Actually, liquor investment does not have urgency to have an economic or social impact, it actually causes underdevelopment of human development and human rights violations. Local governments should have protect the public by making policies so that people do not drink alcohol instead of making them consume alcohol because of the investment in that sector. second, investment in liquor only provides a few benefits, on the contrary the harm (danger) caused is much greater, local governments need to take priority policies to eliminate harm rather than take a benefit. Key word: Liquor Investment, Local Government, Maqa>s{id Syari>’ah
PERAN HARTA PERSPEKTIF EKONOMI ISLAM DALAM ERA PANDEMI COVID-19 Habib Masyhudi
MASADIR: Jurnal Hukum Islam Vol 1, No 1 (2021): APRIL 2021
Publisher : Institut Keislaman Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v1i1.328

Abstract

Abstrak: Since the beginning of March 2020, Indonesia has faced a major epidemic that has haunted the world, namely the corona virus (covid-19) which of course has an impact on the global economy. This research was conducted with the aim of presenting the concept of wealth from an Islamic economic perspective and its role in the Covid-19 pandemic era. The results showed that the acquisition, management and use of assets must be in accordance with sharia. This concept indicates that there are binding rules in every human behaviour in treating his property. Because of in Islam, in the afterlife, people will be held accountable for their assets. Therefore, it is necessary to pay attention to the principles and principles of sharia in empowering the assets owned. Furthermore, Islamic social finance has an important potential in overcoming the global socio-economic problems of the impact of covid-19. Indonesia as a country with the largest Muslim majority can maximize the potential of Islamic social funds. There are two main tasks that can be done to fight the Covid-19 pandemic, namely prevention and solution measures. Empowerment of Islamic social funds can be maximized to help people survive.Kata Kunci : Harta, Ekonomi Islam, Pandemi Covid-19

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