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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 5 Documents
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Search results for , issue "Vol. 2 No. 2 (2022): Mitsaqan Ghalizan" : 5 Documents clear
NAFKAH MADIYAH ANAK DALAM PERSPEKTIF MASLAHAT MURSALAH NAJMUDDIN AT-THUFI: MADIYAH CHILDREN'S FEEDBACK IN THE PERSPECTIVE OF MASLAHAT MURSALAH NAJMUDDIN AT-THUFI Muhammad Syafqy Abda; Nor Habibah; Ahmad Mursyada
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): 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.v2i2.5410

Abstract

Nafkah Madhiyah for children in Religious Court's lawsuits now has different legal provisions. It were initially declared inviolable then now became opened for accusations thence provides opportunities for children to get these rights. The child's livelihood is the responsibility of a father, as contained in the Qur'an and regulated in the Marriage Law. There are several opinions of scholars that abolish the child's middle income, as well as the Supreme Court Jurisprudence Number 608/K/AG/2003 which states that basically Madhiyah's income cannot be sued because the child's income is Lil' Intifa, namely to take benefits, not Lit Tamlik or to be owned. Then the negligence of a father who does not provide a sustenance for his child or Nafkah Madhiyah maintenance cannot be sued, but with the legal breakthrough contained in SEMA No. 2 of 2019 which states that the child's Nafkah Madhiyah can be asked. This paper attempts to see the relevance of the SEMA with the maslahah mursalah put forward by Najmuddin at-Thufi.
PENYELESAIAN SENGKETA EKONOMI SYARIAH WANPRESTARSI SECARA NON LITIGASI BAIK YANG DIATUR HUKUM POSITIF, HUKUM ISLAM DAN HUKUM ADAT: RESOLUTION OF NON-LITIGATION SHARIA ECONOMIC DISPUTES WHICH IS REGULATED POSITIVE LAW, ISLAMIC LAW AND CUSTOM LAW Muhammad Siraji; Ichwan Ahnaz Alamudi
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): 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.v2i2.5411

Abstract

This research is motivated by the birth of Law No. 3 of 2006 on the amendment of Law No. 7 of 1989 on religious courts that have added authority to the religious courts in the field of sharia economics. Researchers want to know what are the ways to resolve economic disputes Sharia default in non-litigation both regulated punishable poitif, Islamic law and customary law. This research is a type of literature study or in the world of law is called juridical-normative legal research. This study shows that alternative dispute resolution with non-litigation model has several types and parts, including positive law such as Alternative Dispute Resolution, arbitration, and settlement of Sharia economic disputes through consumer institutions. Among them is the religion of peace and Justice.
FENOMENA CHILDFREE PERSPEKTIF KONSEP MASLAHAT SAID RAMADHAN BUTHI: CHILDFREE PHENOMENA PERSPECTIVE OF THE MASLAHAT CONCEPT OF SAID RAMADHAN BUTHI Nida Nuriah
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): 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.v2i2.5413

Abstract

Every married couple who gets married definitely has the goal of having children in the hope of being the successor to the family. However, along with the development of the times, a person or couple chooses to make the decision not to have children or childfree. The decision certainly raises polemic and also debate in society. From the childfree phenomenon, the author attempts to analyze childfree actions from the perspective of the Maslahat sa'id Ramadhan Al-buthi concept. Said Ramadhan al-Buthi is a Syrian scientist in the field of Islamic religious sciences and is also a very prolific writer. Al-buthi limits the use of the concept of benefit more systematically. The limitations are first, that maslahat is still within the scope of syari' goals (Maqashid al-Syar'iyyah). Second, it does not conflict with the Qur'an. Third, it does not conflict with as-sunnah. Fourth, it does not conflict with qiyas, and fifth, it does not conflict with higher benefits. If the childfree phenomenon in marriage is analyzed based on the perspective of Said Ramadhan Al-buthi's maslahat concept, then this action shows a conflict with the three points of maslahah put forward by Al-buthi namely Maqasyid As-Syari'ah, Al-Qur'an, and Hadith
ESENSI JAMINAN FIDUSIA DAN RAHN DALAM PELAKSANAAN EKSEKUSI JAMINAN KEBENDAAN: THE ESSENCE OF FIDUCIARY COLLATERAL AND RAHN IN THE EXECUTION OF MATERIAL COLLATERAL Gina Andriyani; Ichwan Ahnaz Alamudi
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): 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.v2i2.5414

Abstract

The background of economic development in Indonesia includes sectors related to business activities carried out by business people who will always hold back the flow of developing consumptive needs by requiring guarantees to fulfiil the credit facilities provided. This paper discusses the problem in the form of collateral execution if the debtor defaults, both by law and Islamic law. This study used the library research method and used a normative appoarch with a juridical approach. Based on the results of this paper, it can be concluded that the implementation of the execution of fiduciary guarantees based on the fiduciary guarantees act, has a new perspective in its implementation and has similarities with rahn according to Islamic law which can be combined with rahn tasjily in material guarantees
KONSEPSI HARTA BENDA DALAM PERKAWINAN: CONCEPTION OF PROPERTY IN MARRIAGE M Elmi
Mitsaqan Ghalizan Vol. 2 No. 2 (2022): 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.v2i2.5422

Abstract

Overcoming property related to marriage is a discussion that has always been interesting from time to time. The concept of joint property, inherited property or what is often referred to as gono-gono-equity property is a phenomenon that seems to have no end. Islamic law is here to provide a universal concept to be implemented in the concept of property in books. This research is a normative legal research based on literature review by reviewing the literature that discusses the concept of property in marriage. The results of this study indicate that Gono gini in Islam actually does not exist. However, with the existing phenomena, Islam is still able to answer the law of joint property or what we know as gonogyny. Islam still allows the existence of joint property. In fact, Islam allows ta'lik before marriage to facilitate the distribution of joint assets if separation occurs later. Wealth must be utilized as best as possible while still paying attention to Islamic rules. In disputes, assets are used to meet family needs for the benefit of all family members. If the assets are more then our reward is donating or donating to third parties

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