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Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Published by Universitas Nahdlatul Ulama Al Ghazali Cilacap
ISSN : 25413368     EISSN : 25413376     DOI : https://doi.org/10.52802/wst.v7i2
Core Subject : Education,
Education Other
Jurnal Al-Wasith: Jurnal Studi Hukum Islam dengan nomor terdaftar ISSN 2541-3376 (online), ISSN 2541-3368 (cetak) adalah jurnal yang berisi artikel tentang hukum islam yang dilakukan oleh dosen, peneliti dan yang berhubungan dengan pelaksanaan Tridarma Perguruan Tinggi. Jurnal Al-Wasith: Jurnal Studi Hukum Islam adalah jurnal studi hukum islam yang diterbitkan olehFakultas Syariah, Institut Agama Islam Imam Gozali Cilacap. Secara kelembagaan, Berdasarkan Keputusan Menterian Agama Republik Indonesia 657 Tahun 2020, mulai 6 Oktober 2020 yang semula Jurnal Al-Wasith: Jurnal Studi Hukum Islam dikelola oleh Fakultas Syariah Institut Agama Islam Imam Ghozali (IAIIG) karena perubahan bentuk menjadi Universitas Nahdlatul Ulama Al Ghazali (UNUGHA) Cilacap, sehingga Fakultas Syariah berubah menjadi Fakultas Keagamaan Islam berikut dengan Program Studi yang berada di Fakultas Tarbiah dan Dakwah di Perguruan Tinggi IAIIG.
Arjuna Subject : Umum - Umum
Articles 57 Documents
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HUKUM PERDATA INTERNASIONAL SEBAGAI SUB SISTEM HUKUM NASIONAL INDONESIA Muhammad Romli
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 6 No. 2 (2021)
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.136 KB) | DOI: 10.52802/wst.v6i2.330

Abstract

In the globalization era and technology advancement now where technology, social and cultural development has caused unlimited international intercommunication. As a result, national state territorial boundaries barely become a barrier that may create civil problems due to the convergence of legal systems of countries in the world having their unique characteristics. International civil law becomes crucial and unavoidable in order to establish Indonesian national law to respond to legal challenges in the globalization era. This study used legal research method with conceptual approach and international civil law theories as the analysis tool. The legal materials used in this study were normative primary, secondary and tertiary legal materials executed by searching, collecting and literature study to documents conventionally. The result implicitly showed that foreign element in international civil legal cases can be reviewed from two factors. First is personal factor that is a foreign element aimed to the legal subject committing legal action or subject having different nationality. Second, it is territorial factor referring to the place where legal relationship or incident (legal act) is performed abroad and has the same nationality.
MARRIED BY ACCIDENT PONOROGO DI MASA PANDEMI: FAKTOR, HUKUM DAN SOLUSI ALTERNATIF Munawwir Ramadhan; Dina Sakinah Siregar
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 7 No. 1 (2022): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.512 KB) | DOI: 10.52802/wst.v7i1.413

Abstract

Recently, there are various bad deeds. They make you close to fornicate. Those are not strange anymore now. We can find many cases of married by accident in Ponorogo even we get datas show 8 times as numerous cases in 2021 than 2019. The Society Psychology condition is really bad and Free social gathering becomes the factor especially in adolescent. In society, doing a marriage for woman pregnant from fornicate is an alternative because the deed should not happen. But there are various different opinions about it. This article uses empiric and sociologic research. The method is qualitative-descriptive. It will analyze, discuss, understand, and opinion from researcher. It uses Islamic and civil law as the main literature. It takes library research and content analyzing. This research discusses about laws of married by accident the factors and the solutions for Ponorogo society. The result gives the thoughts for the solution accident and minimize it more.
LANDASAN KONSEPTUAL OTONOMI DAERAH DALAM PERSPEKTIF ISLAM Ahmad Faridz Anwar
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 2 (2023): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i2.612

Abstract

The configuration of Muslim society that was built by Rasulullah SAW and his friends in Medina, which deserves to be called an Islamic state, has become an example of truth that occupies the highest position after the Koran. The research method considered suitable for this writing is the descriptive qualitative method. The concept of regional autonomy in an Islamic perspective is Al-Imarah Al-Khashah and Al-Imarah Al-Ammah, each of which has duties and functions in carrying out government. The caliph as head of state gives authority to the al-amir (regional head), namely collecting taxes in the region, managing regional administration and providing services to the people in the region, maintaining security in the region, collecting kharaj and collecting zakat, upholding and spreading the Islamic religion in the region. , become a prayer leader.
ABORSI DALAM PANDANGAN HUKUM ISLAM Nur Rofiq; Nur Azizah; Irma Firnanda; M. Wisnu Haikal; Dida Oktavian
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 2 (2023): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i2.642

Abstract

Abortion is not just a medical or public health problem, but also a societal problem caused by the strong influence of western free ideology. Abortion is the act of ending a pregnancy by forcibly aborting or removing the fetus in a woman's womb. The act of abortion deprives a fetus of its right to life and also endangers the safety of the mother of the fetus. This article aims to understand the dangers and perspectives of abortion in Islamic law. This research uses literature methods obtained from various sources such as journals and articles. With the topic raised, namely the Practice of Abortion in Islamic Law, the author is interested in this topic to develop knowledge about Abortion in Islamic Law
PANDANGAN TOKOH AGAMA DAN TOKOH MASYARAKAT TERHADAP TRADISI BEGALAN DALAM PERNIKAHAN Nadirotul Khasanah; Masruri Masruri
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 2 (2023): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i2.688

Abstract

Cultural diversity in Indonesia includes belief systems that are still alive and implemented by the community. Just like in marriage. This research aims to find out the views of religious leaders and community leaders in Tritih Lor village, Jeruk Legi sub-district regarding the begalan tradition procession at weddings and regarding whether or not the begalan tradition is permissible at weddings based on Islamic law. This research is field research, field research is a type of qualitative research where researchers are directly able to obtain the information or data needed. The results of this research are that the begalan tradition begins with the groom's group walking towards the bride's house. In the middle of the journey, thieves were stopped and there was a war of words. It was at this time that the meaning of some of the parabots used was explained. After the mugger breaks the kendil, this is a sign of the end of the begalan tradition procession. If the pillars and conditions have been met, you can carry out traditions that do not violate the rules of the Islamic religion. Like the begalan tradition, the begalan tradition in the implementation process does not conflict with Islamic law. The begalan tradition is not prohibited in Islam because it is not included in shirk or heresy. The begalan tradition is permitted in Islam because the begalan tradition is included in the authentic urf which in the implementation process is not some are contrary to the texts (verses and hadith), do not eliminate benefits, do not bring harm or change what is haram into halal or vice versa.
PEMBAGIAN WARIS SAMA RATA PERSPEKTIF HUKUM ISLAM Nur Asror
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 2 (2023): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i2.689

Abstract

The distribution of inheritance basically adheres to the Al-Qur'an and hadith in accordance with the existing provisions in article 176 of the Compilation of Islamic Law. This research aims to determine the equal distribution of inheritance from the perspective of Islamic law, the opinion of Wahbah Az-Zuhaili in his book entitled Al-Fiqh al-Islamy Wa Adillatuh. This research uses library research methods (library research), namely a series of activities related to library data collection methods, reading and recording and processing research materials. The results of this research conclude that dividing inheritance equally is permissible, namely by using the takha>ruj method. Takha>ruj which means exit, terminologically usually means the exit of an heir by being replaced by another heir or not even being replaced, but someone giving up their share to another heir. The legal basis is the result of ijtihad (friends' atsarl) regarding events that occurred during the reign of Caliph Usmanl Bin Affan. The peaceful distribution of inheritance was based on the friends' atsarl as mentioned above.
PERSEPSI MASYARAKAT DESA KESUGIHAN KIDUL KECAMATAN KESUGIHAN TERHADAP PROFESI ADVOKAT Eka Nur Fitri
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 2 (2023): Jurnal Al-Wasith: Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i2.690

Abstract

As the era develops in the rule of law, there are many problems in society and officials, there is a lot of legal uncertainty regarding justice. Law enforcement in a society depends on the good and bad of the legal professionals who carry out their profession. The research uses field research which produces descriptive data, which is observed about people or behavior in the form of written/spoken words directly into the field. From the results of research on the views of the people of Kesugihan Kidul Village towards the Advocate Profession, only highly educated people understand the duties and functions of Advocates and the community considers that the Advocate Profession sometimes has pros and cons, there are some people who think that advocates only defend the poor, so the people of Kesugihan Kidul Village rarely use it. Advocate services and supported by economic factors, knowledge factors, experience factors. The public hopes that advocates provide legal education and legal counseling services so that there is no opposition to the profession of advocates for their professionalism and quality as law enforcers.
AKSESIBILITAS JURU BAHASA ISYARAT (JBI) DALAM PRAKTIK IJAB QOBUL BAGI PENYANDANG DISABILITAS RUNGU PERSPEKTIF HUKUM ISLAM Ahmad Nur Fadloli; Idarotul Nginayah
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.713

Abstract

Ijab qobul is one of the pillars of marriage. The pronunciation must be done in one assembly, either directly or with a separation that does not cause the contract to be broken. The pronunciation of the ijab must use pronunciations that indicate the meaning of marriage and must be understood by the groom before expressing his consent to marriage. Judging from Islamic law, the translation of the pronunciation of the consent as previously explained is permissible and the marriage contract remains valid. Even if the translation is considered a "fashil" or separation of the marriage agreement, the separation is only a brief separation and does not result in the termination of the marriage contract. This research is library research. The data sources obtained include primary data and secondary data. Primary data sources come from the Al-Qur'an, Al-Qur'an tafsir books, hadith books, and fiqh books. Meanwhile, secondary data sources are taken from books, scientific journals, scientific articles and other sources related to the author's research object. It can be concluded that the accessibility of a sign language interpreter in the practice of ijab qobul between a bride with a hearing disability and her marriage guardian, reviewed according to Islamic law, is permissible and the marriage contract remains valid.
BATASAN HUBUNGAN BAGI LELAKI DAN WANITA PASCA KHIṬBAH PERSPEKTIF MADZHAB SYAFI’I Kanzun Bairuha
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.718

Abstract

The sermon is the first step in a marriage which has the aim and purpose of ensuring that each party knows the partner who will be their life partner. Couples who are still in the khitbah period still have the status of other people and must protect their relationship with their partner from things that are not permitted by Islamic law. The two of them cannot have a relationship like husband and wife because they are not married. This research was conducted using a type of library research, namely research that uses libraries as a research source. In the book Fathul Wahhab it is explained that men can look at women or vice versa when they both want to get married with restrictions other than looking at their private parts when praying. Both of them can see each other repeatedly and within the period until the marriage contract without any definite limits. In the books Fathul Mu'in and Fathul Qorib it is also explained this way. The two of them are also allowed to chat and chat with each other as long as this does not cause slander, so the woman must have a mahram when she wants to meet. What is prohibited is seclusion, or being alone without a woman's mahram because this allows slander to occur. Apart from that, both of them are also not allowed to touch or touch any part of the body, even though they can see parts such as the face or palms of the hands.
MAKNA MUTTASHIL DALAM IJAB DAN KABUL PERNIKAHAN PERSPEKTIF MAZHAB SYAFI’I Irkham Taefuri; Misbah Khusurur
Jurnal Al-Wasith : Jurnal Studi Hukum Islam Vol. 8 No. 1 (2023): Jurnal Al-Wasith : Jurnal Studi Hukum Islam
Publisher : Fakultas Syariah, Prodi Ahwal As Syakhsiyah (AS) Universitas Nahdlatul Ulama Al-Ghazali (UNUGHA) Cilacap

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52802/wst.v8i1.719

Abstract

In marriage there are several pillars and conditions, where if one of the pillars or conditions is not fulfilled, it could make the marriage invalid according to Islamic religious law. There are four pillars of marriage, namely: bride and groom (male and female), guardian (of the bride), two witnesses, sighat (consent and acceptance). In the Ijab and Kabul contract, there are conditions that must be fulfilled in order for the marriage contract to be valid according to Sharia, namely the continuity of the Ijab and Kabul. The meaning of continuity is that there is no separation between consent and acceptance. This type of research is Library Research (Library Research). Based on the data sources that I have collected and studied, I have come up with the meaning of muttashil in the ijab and kabul perspective of the Shafi'i school which refers to the books of Al-Umm, Syarhu al-Shagir, Syarhu al-Shaghir, Buku al-Majmu' . In the book al-Majmu' by Imam Nawawi, it is explained that if the consent and acceptance are interrupted by many words and long silences, if it can indicate the groom's turning away from the consent, the marriage contract will certainly not be valid, because it is not muttashil (continued ).

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