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All Journal Sanskara Hukum dan HAM Mawaddah: Jurnal Hukum Keluarga Islam Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah
Wasman Wasman
Universitas Islam Negeri Siber Syekh Nurjati Cirebon
Religion Law, Crime, Criminology & Criminal Justice

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Application of Mu'nah Rahn Tasjily in Land Collateral: Integration of DSN-MUI Fatwa and Sharia Economic Principles Wasman Wasman; Sekar Elena; Ahmad Khoirudin; Abdul Fatakh; Fajar Setiawan
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18549

Abstract

This study investigates the application of mu’nah rahn tasjily in land collateral financing at Pegadaian Syariah KC. Cipto Mangunkusumo Cirebon, integrating the DSN-MUI Fatwa No. 68/DSN-MUI/III/2008 and the Compilation of Sharia Economic Law (KHES). Employing a qualitative approach with a normative-empirical methodology, the research combines literature reviews and field investigations. Primary data were collected through interviews with employees and managers, while secondary data included books, journals, and relevant documents. Data collection methods involved observation, structured interviews, and documentation, focusing on the implementation of mu’nah in land certificate financing for the year 2023. The findings reveal two types of rahn tasjily contracts, with one involving the determination of mu’nah based on the loan amount. In these contracts, the collateral submitted serves only as proof of ownership, while the pledger retains control over the physical collateral. However, an analysis of the DSN-MUI Fatwa indicates a deviation in practice at Pegadaian Syariah KC. Cipto Mangunkusumo, as mu’nah is calculated proportionally to the loan amount rather than independently. Furthermore, the KHES emphasizes time-based calculations for ijarah, suggesting the necessity of structured time limitations to prevent disputes and ensure compliance with Sharia principles. This study underscores the need for a more consistent application of Sharia guidelines in determining mu’nah to enhance transparency and fairness in Islamic financial practices.Keywords: Mu’nah Rahn Tasjily, Land Collateral, DSN-MUI Fatwa, Sharia Economic Law, Islamic Pawnshop Practices.
The Implementation of Descente in Hadhanah Disputes: A Juridical and Child Psychological Perspective in Religious Courts Barkah Ramdhani; Wasman Wasman; Sugianto Sugianto; Edy Setyawan; Khiyaroh Khiyaroh
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.59

Abstract

This study aims to analyze juridically the implementation of descente (local examination) in influencing judges' consideration of child custody disputes (hadhanah) in the Religious Court by focusing on the psychological perspective of the child. The main problem lies in the limitations of the descente function, which is classically oriented to material matters, but in practice it is beginning to be used to assess the child's parenting and emotional relationships. This study uses a qualitative method with an empirical juridical approach through literature studies, decision analysis, and in-depth interviews with judges. The data were analyzed by examining the suitability of descente practices to Islamic civil procedure law and its relevance to the psychological needs of children, such as a sense of security, emotional closeness, and developmental stages. The results of the study show that descente plays a strategic role in enriching the judge's consideration base because it is able to present the reality of children's lives that are not fully revealed through formal evidence. The child's psychological perspective also emphasizes the urgency of descent as an instrument to actualize the principle of the best interest of the child. However, it was found that there were variations in the intensity, quality, and integration of descent results into the consideration of the decision, which had implications for the inconsistency of the application of child protection principles. Thus, this study recommends strengthening normative guidelines through Supreme Court regulations and increasing the capacity of judges in understanding aspects of child psychology so that the implementation of descente is more optimal as an instrument to protect children's rights and welfare in hadhanah cases.
Recontextualizing Article 97 of the Indonesian Compilation of Islamic Law: A Maqasid-Based Analysis of Judicial Practices in Joint Property Disputes Supian Daelani; Wasman Wasman; Sugianto Sugianto; Samsudin Samsudin; Randy Vallentino Neonbeni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.60

Abstract

Article 97 of the Compilation of Islamic Law (KHI) stipulates that if a marriage ends due to divorce, each surviving widow or widower is entitled to half (50%) of the joint property, unless otherwise stipulated in the marriage agreement. This study aims to review (recontextualize) the application of Article 97 of the KHI from a justice perspective, particularly in cases where the husband and wife's contributions to the acquisition of property are unequal, or where one party (particularly the wife) bears a double burden. The research method used is normative legal research with a conceptual approach and a case-based approach (judgment decisions). The results indicate that the rigid application of Article 97 of the KHI (equal division) often results in substantive injustice, particularly when the wife acts as the primary breadwinner or a housewife who works hard beyond basic obligations while the husband is negligent.  Recontextualization of this article is necessary by shifting the paradigm from "equal distribution" (equality of portion) to "division based on real contribution" (proportional justice) and the principle of Maqasid Sharia (benefit). Supreme Court Judge Decision No. 266 K/AG/2010 provides the basis for the division of joint assets not necessarily being 50:50, but rather taking into account the extent of each party's contribution to the acquisition of the joint assets.
Pernikahan Dini sebagai Ancaman terhadap Hak Anak Perspektif Maqāṣid Syarī‘ah Yasir Mubarok; Wasman Wasman
Sanskara Hukum dan HAM Vol. 5 No. 01 (2026): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v5i01.874

Abstract

This study examines the practice of early marriage as an issue affecting the fulfillment of children's rights from the perspectives of Indonesian positive law and Maqāṣid Sharī‘ah. Early marriage remains a persistent social phenomenon in various regions of Indonesia despite legal provisions establishing a minimum marriage age under Law No. 16 of 2019 on Marriage and protecting children's rights through Law No. 35 of 2014 on Child Protection. This research employs a normative legal method using statutory, conceptual, and Islamic law approaches. The findings indicate that early marriage has the potential to hinder the fulfillment of children's rights, particularly the rights to education, protection, healthcare, and optimal psychological development. From the perspective of Maqāṣid Sharī‘ah, the practice should be assessed based on the principles of public welfare (maṣlaḥah) and the prevention of harm (mafsadah). Although marriage is generally permissible in Islam, its implementation must take into account physical, mental, and social maturity to avoid adverse consequences. Therefore, early marriage is more likely to cause harm than to provide benefits when undertaken without adequate preparedness. This study highlights the importance of strengthening legal regulations, enhancing public education, and increasing community awareness to prevent early marriage and ensure the comprehensive protection of children's rights.
Co-Authors Abdul Fatakh Ahmad Khoirudin Barkah Ramdhani Edy Setyawan Fajar Setiawan Khiyaroh Khiyaroh Randy Vallentino Neonbeni Samsudin Samsudin Sekar Elena Sugianto Sugianto Supian Daelani Yasir Mubarok