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Mitsaqan Ghalizan
Published by Universitas Muhammadiyah Palangkaraya
ISSN : -     EISSN : 29642191     DOI : https://doi.org/10.33084/mg
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mitsaqan Ghalizan is a Scientific Journal managed by the Department of Islamic Law (Al Ahwal Al Syakhsiyah), Faculty of Islamic Studies Universitas Muhammadiyah Palangkaraya, and published twice a year (in June and December) by the Institute for Researches and Community Services Universitas Muhammadiyah Palangkaraya, contains articles of research and critical analysis studies in Al Ahwal Al Syakhsiyah (Islamic Law) and another field related.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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PENETAPAN USIA KEDEWASAAN DALAM SISTEM HUKUM DI INDONESIA Ruzaipah Ruzaipah; Abdul Manan; Qurrota A’yun A’yun
Mitsaqan Ghalizan Vol. 1 No. 1 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jmg.v1i1.2808

Abstract

A person's age limit is said to be regulated in statutory regulations. But in the case of determining the age limit of maturity is still very diverse and has not yet reached a common ground on the certainty at what age a person can be said to be an adult, the age limit for adults between the rules of one another still does not show similarity, giving rise to ambiguity in the determination of a person's age of maturity, which ultimately will result in the validity of someone in carrying out the action or legal action taken. Departing from these problems, this paper aims to look at how a person's age is determined by Islamic law and the legal system in force in Indonesia. Islamic law limits the maturity of a person characterized by wet dreams in men and menstruation in women, while Positive law is 18 years or has been married. The legality of legal actions of persons who are not yet mature in Islamic law is legal, whereas in positive law in civil law it is also considered legitimate as long as there is no claim.
DAMPAK KAWIN PAKSA TERHADAP KEHAMONISAN RUMAH TANGGA DALAM PERSPEKTIF HUKUM ISLAM (Analisis Desa Panaan Kecamatan Palengaan Kabupaten Pamekasan) Imam Hafas
Mitsaqan Ghalizan Vol. 1 No. 1 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jmg.v1i1.2810

Abstract

Normal family life in marriage is the rights and needs of every human being. Therefore, it is natural that before entering domestic life both men and women use a lot of considerations in choosing and determining a partner. Not a few cases were found in the community regarding a married life that was motivated by compulsion to hold a marriage, which was then known as forced marriage. As for the study of the problems that become the main study in this discussion, they are about the occurrence of forced marriages, the view of Islamic law on forced marriages, and the impact of forced marriages in household harmony. The method in this study uses juridical and normative analysis methods or field research, in which data collection techniques use primary data and secondary data.
PRAKTEK PERNIKAHAN DI BAWAH UMUR Di Kenagarian Bawan Kecamatan Ampek Nagari Kabupaten Agam Sumatera Barat Zulkhairi Zulkhairi; Abdul Manan
Mitsaqan Ghalizan Vol. 1 No. 1 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jmg.v1i1.2812

Abstract

The title of this research is The Practice of Underage Marriage in Kenagarian Bawan, Ampek Nagari District, Agam Regency, West Sumatera. The background of this research problem is based on Article 7 paragraph 1 of Law No. 1 of 1974 concerning Marriage which states that "marriage is only permitted if the male party has reached the age of 19 years and the female has reached the age of 16 years, while in Nagari Bawas, Ampek Nagari Sub-district, Agam Regency, many people ignore this provision. The purpose of this study was to see the form of implementation and the factors causing the practice of underage marriage in Kenagarian Bawan, as well as the actions taken by religious leaders, traditional leaders and KUA officials. This type of research is empirical legal research or legal sociology. That is an approach by looking at a legal reality in society. The sociology of law approach is an approach used to look at legal aspects in social interactions in society. Data taken from interviews with the Head of the Office of Religious Affairs (KUA) and parties involved in the practice of underage marriage. The results showed that the practice of underage marriage in Kenagarian Bawan was only carried out in front of the local Tuanku, not in front of the Marriage Registrar, in the sense that this marriage was an illegal/unofficial marriage according to the Positive Law of Indonesia. There are three contributing factors, namely: pregnancy factors, educational factors and economic factors. Actions taken by religious leaders, traditional leaders and KUA officials are in the form of socialization and counseling to the community.
HUBUNGAN DALAM PERNIKAHAN JARAK JAUH MENURUT HUKUM ISLAM Ardi Akbar Tanjung; Ariyadi Ariyadi
Mitsaqan Ghalizan Vol. 1 No. 1 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jmg.v1i1.2851

Abstract

Long distance relationship or called Long Distance Relationship is a relationship where the couple is separated by physical distance and it is not possible to meet. Opportunities to communicate are very limited in the individual view of each partner who undergoes, The condition of couples who undergo long-distance marriage relationships, married couples will usually experience a crisis in their proximity due to their different geographical distances and locations. Factors that cause couples to undergo long-distance relationships are work factors and educational factors. In undergoing a long-distance marital relationship will affect the conflict. Conflict can arise due to personal sources, physical sources, sources of interpersonal relationships, and environmental sources. Commitment is something that makes someone want to be attached to something or someone and be with him until the end of the journey. Commitments made to be agreed upon in marriage in order to help married couples stay in harmony in building a harmonious family. This study intends to examine more deeply about Long Distance Marriage according to Islamic law and how to study the law through the Qur'an, Hadith and solutions. The research was conducted using research methods. Library research is a series of activities related to the methods of collecting library data, reading and taking notes and processing research materials. this is a study that utilizes library resources to obtain research data. namely research that intends to be experienced regarding a social reality by describing a number of data results studied between the phenomena tested in order to gain in-depth understanding, develop theories, describe those that trace references in the printed and electronic Islamic world about long-distance marriage according to Islamic law. The results of the study state that long-distance marriage relationships in Islamic law are allowed as long as husband and wife who undergo it are equally sincere and do not violate Islamic law and the process. According to Quraish Shihab, marriage is husband and wife who should accompany each other physically and mentally, marriage is together physically, mentally, mentally, and so on, that's why the physical separation is not fully appropriate. In Islam there is a rule of taklik talak which falls on certain conditions or hanging divorce. One thing that is emphasized is that if the husband leaves his wife within a period of months/years (according to the agreement) and the wife is not willing, it will result in divorce. This means that the willingness of both parties is the most important point before undergoing a long-distance marriage.
PENGARUH GENDER DALAM REFORMASI KEADILAN Muhammad Noor Aspihan
Mitsaqan Ghalizan Vol. 1 No. 1 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jmg.v1i1.2873

Abstract

Justice is the essence of what society aspires to, moreover justice in the legal aspects. The validity of the approval agreement from the evaluation of existence is appreciated by the court. Therefore, the role of justice is very urgent for the law, especially in Islamic law. In the perspective of Islamic law, gender justice has a unique and complex problem, namely in the Qur’an, An-Nissachapter verse 34, which essentially is to explain the position between men and women associated with various sources of life. Various interpretations of reformist Islamic thinkers led to speculation of ambiguity from the nature of true justice. The difference in defining the essence of justice in gender causes the understanding of the law to vary too, specifically in Islamic family law, the continuation of modern times today which emphasizes a situation in the viewpoint of humanity and human rights. Based on this, it is important to discuss gender related issues in justice reform seen from interpreting the Qur'an inAn-Nissachapter verse 34. The methodology of this research uses objective analysis with hermeneutics, while the data analysis technique used is analysis with qualitative descriptive techniques. The results of this study are to contribute to the understanding that the phenomenon of variations in interpretation of gender often raises contradictions between the doctrine of Religion and the reality of present life, and it seems that the purpose of the law was made not channeled to the lives of the people. With the method of ushulfiqh and hermeneutics to explore the nature of God's texts about gender justice, it is appropriate for the understanding of the text and the context of gender justice to have relations with law and life. The conclusions from this study are expected to provide additional knowledge and reference materials related to understanding gender hermeneutic analysis which is expected to be able to produce a legal reform of various aspects, especially Islamic family law.
Undang-Undang Perkawinan dan Penyuluh Agama dalam Meminimalisir Pernikahan Dini di Indonesia: Law on Marriage and Religious Counselors in Minimizing Early Marriage in Indonesia Imam Hafas; Khoirul Umam
Mitsaqan Ghalizan Vol. 1 No. 2 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v1i2.3050

Abstract

Marriage is an obligation for all muslims, but in the laws and regulations of marriage has a minimum limit to the age. Where this study will discuss about the rise of early marriage in Indonesia along with the factors and implications as well as the role of institutions related to early marriage. This research using the method of phenomenology with normative juridical approach and the data that comes from sources related institutions. The results of this study are expected to be an evaluation material of the parties related to the rise of early marriage in Indonesia, especially in remote areas.
Mediasi Dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Pasca Berlakunya Peraturan Mahkamah Agung Nomor 1 Tahun 2016: Mediation in Settlement of Divorce Cases in the Religious Courts After the Enactment of Supreme Court Regulation Number 1 of 2016 Maulana Aditama
Mitsaqan Ghalizan Vol. 1 No. 2 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v1i2.5066

Abstract

This study discusses mediation in the settlement of divorce cases at the Yogyakarta Religious Court after the enactment of the Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Courts. This research is a normative legal research with data obtained through a review of legal literature related to mediation of divorce cases. The nature of this research is descriptive-analytic, using a juridical approach and analyzed using qualitative methods. The results of this study are Perma No. 1 of 2016, which states that Perma No. 1 of 2008 concerning Mediation Procedures in Courts has not been optimal in meeting the needs of carrying out mediation, so it is necessary to make improvements to the Supreme Court regulations regarding mediation procedures in court. The urgency of mediation in this Perma is emphasized in the form of an obligation for the examining judge to order the parties to mediate
Hukum Kewarisan Islam dalam Konstruksi Teori Qath’i dan Zanni: Islamic Inheritance Law in Theory Construction of Qath'i and Zanni Nasrullah Nasrullah
Mitsaqan Ghalizan Vol. 1 No. 2 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v1i2.5132

Abstract

In ushul Fiqh the terms qath'i and zhanni are used to describe the sources of Islamic legal texts, both the Qur'an and hadith in two ways namely al-tsubut (existence) or al-wurud (sourced from truth) and al-dalalah (interpretation). In terms of qath'i, zhanni al-tsubut and al-wurud the scholars agree that the Qur'an and mutawatir hadiths are qath'i, while the hadith ahad is zhanni al-tsubut. They differed from al-Dalah in terms of qath'i and zhanni (interpretation). According to the expert scholar Ushl Fiqh, if a religious text (verse of the Qur'an or Hadith) contains only one clear meaning and does not allow room for other interpretations, and mentions certain numbers, then the text is considered qath'i al- dalah. This qath'i al-dalalah category contains religious texts on inheritance law. Whereas contemporary scholars state that qath'i and zhanni al-dalalah in the Qur'an and hadith cannot be seen from the clarity of the meaning of the pronunciation, they can be seen from the desired essence of the pronunciation, which is commonly known as maqasid al-shariah. The maqasid approach must be added to the theory of ta'abbudi and ta'aqquli.
Pandangan Hukum Keluarga Islam terhadap Manajemen Konflik Ekonomi Dalam Rumah Tangga: Views of Islamic Family Law on Economic Conflict Management in the Household Rama Dhini Permasari
Mitsaqan Ghalizan Vol. 1 No. 2 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v1i2.5135

Abstract

This paper discusses about Islamic Family Law View on Economic Conflict Management in the Household. This research is motivated by the findings of many previous research results regarding the high divorce rate, the main cause of which is due to economic problems in the household. It is important to study how Islamic Family Law provides solutionsto economic problems that occur between husband and wife so that divorce can be avoided. His research is included in the type of library research (library research). To process the data that the author has obtained. So the authors analysis using content analysis techniques (content analysis). The results of this research is incuded in the type of library research. To process the data that the authors analyza using content analysis techniques. The result of this study reveal that the solutions for resolving economic conflict in the household in the view of islamic Famiy Law include: the husband fulfills the rights of his wife, the wife must know when she has the right to earn a living from her husband, the wife must know when she has the right to earn a livingfrom her husband, the wife must not demand rights beyond the limits of the husband’s ability, the wife must be patient and sincere with her husband.
Relasi Agama dan Negara: Studi Kasus Pemikiran Politik Buya Hamka: Relations between Religion and the State: A Case Study of Buya Hamka's Political Thoughts Muhammad Abdul Salam
Mitsaqan Ghalizan Vol. 1 No. 2 (2021): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v1i2.5136

Abstract

Hamka's political thoughts and behavior are based on his view of the interrelationship between religion and the state. Hamka has no objection to the statement that 'Islam is a religion and the state states, the correct formulation is Islam is a religion. his belief above that the ideals of monotheism cannot be implemented if it is not accompanied by strength. And Muslims should be proud, because since the beginning of its establishment, this Islamic religion has not only been an example of how to carry out the prayers it teaches, but also how to establish a state and maintain politics, and this has been blatantly demonstrated, Hamka wrote. It was explained that Muhammad SAW was present in the Arabian Peninsula with the teachings of monotheism and had united the tribes there so that later they would become a strong country and a respected nation

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