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All Journal Jurnal Syariah, Hukum, dan Ekonomi Islam
Sumarjoko
INISNU Temanggung, Indonesia

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Analysis of Decision No. 568/Pdt.G/2020 on Arrears of Maintenance in a Divorce Lawsuit from the Perspective of Islamic Law Zainal Arifin; Puput Alifah; Nashih Muhammad; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 2 December 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i2.605

Abstract

This study examines the Decision of the Temanggung Religious Court No. 568/Pdt.G/2020/PA.Tmg concerning arrears of maintenance in a divorce lawsuit, which arises from household problems caused by the husband’s neglect of maintenance obligations during a period of living separately. Economic difficulties constitute the dominant factor triggering marital conflict and ultimately leading to divorce, thereby giving rise to the wife’s claim for arrears of maintenance. This research aims to analyze the judges’ legal considerations in deciding the case and to assess their conformity with the principles of Islamic law. The research method employed is a normative–juridical approach, with data collected through library research on court decisions, statutory regulations, the Compilation of Islamic Law, legal doctrines, and relevant Islamic legal literature. Data analysis is conducted using a descriptive–qualitative method by examining legal norms and judicial considerations.The findings indicate that maintenance is positioned as a husband’s obligation that does not lapse despite living separately, and failure to fulfill this obligation results in legal consequences in the form of arrears of maintenance that may be claimed by the wife. This decision is in line with the principles of justice in Islamic law and strengthens the protection of the wife’s economic rights. This study is expected to contribute to the development of Islamic family law studies and to increase public awareness of the importance of maintenance responsibilities within the household
A Critique of the Tradition of Qurbani Meat Distribution in Temanggung from the Perspective of Shāfiʿī Fiqh Muh. Syakur; Marsudin; Muhammed Zaki Tamami; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.610

Abstract

The tradition of distributing sacrificial meat in Sidoharjo Village, Candiroto District, Temanggung Regency, begins with the sacrificial shohibul coming to the slaughterer to slaughter the sacrificial animal on Eid al-Adha. The head of the sacrificial animal must be given to the slaughterer as wages (ujrah) for his slaughtering services. This tradition has been carried out since ancient times, under the pretext of not burdening the sacrificial shohibul in paying wages to the slaughterer. This study aims to find out more about the implementation of the tradition of distributing sacrificial animal meat in Sidoharjo Village, Candiroto District, Temanggung Regency. And to find out the review of Syafi'i jurisprudence on this matter. This research is field research, using descriptive qualitative methods, by collecting, analyzing and interpreting data. Data collection techniques were carried out using primary data obtained from interviews with research subjects. Secondary data sources were obtained from books, journals, theses and articles. Data collection and analysis is carried out to obtain the existing reality. The results of the research found that the Syafi'i School of Islamic Scholars agree that it is haram to give wages to the slaughterer from the body parts of the sacrificial animal. Such as meat, skin, head or something else. The sacrificial service basically aims to offer devotion to Allah SWT, so the sacrificial meat should be given in charity to those who are entitled to it and to obtain blessings, it is sunnah for the sacrificial shohibul to eat the sacrificial meat in moderation.
A Comparative Analysis of Abū Ḥanīfa’s and Imām Mālik’s Views on Nikāḥ Taḥlīl Muh. Syakur; Sarmiyati; Muhammad Zaki Tamami; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.616

Abstract

This study examines the legal perspectives on nikah muhallil (or nikah tahlil) according to Imam Abu Hanifah and Imam Malik, highlighting the differences in their jurisprudential methodologies and ethical considerations. Nikah muhallil refers to a marriage conducted to render a woman lawful for her first husband after she has been divorced three times (talāq thalāthah). Using a qualitative doctrinal and comparative approach, this research analyzes classical fiqh texts, prophetic traditions (hadith), and scholarly interpretations to understand the reasoning behind each scholar’s position. The findings indicate that Imam Abu Hanifah permits nikah muhallil under certain conditions, emphasizing the validity of the marriage contract even if conditional terms are attached, while considering the intention of the second husband as relevant to the moral evaluation. In contrast, Imam Malik strictly prohibits marriages arranged solely to circumvent the prohibition of returning to a former spouse, asserting that such acts invalidate the contract and are morally equivalent to zina (fornication/adultery).The study concludes that both approaches, though differing in legal reasoning and ethical emphasis, contribute to the development of Islamic family law by balancing formal legal validity with moral and spiritual considerations. This comparative analysis provides insight into how classical juristic methodologies can inform contemporary applications of Islamic marital law.
Reconstructing the Meaning of Justice in the Practice of Taʿzir: The Perspective of Equality Before the Law at Miftakhurrosyidin Islamic Boarding School Asyharul Muala; Sumarjoko; Kurnia Laili Khamida
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.674

Abstract

Indonesia, as a rule-of-law state, is obligated to uphold the principle of equality before the law, as enshrined in Article 27 paragraph (1) of the 1945 Constitution. This study seeks to examine the construction of taʿzir practices at Pondok Pesantren Miftakhurrosyidin Temanggung and to critically analyze how the principle of equality before the law is interpreted and implemented within these practices. Employing a qualitative approach, this research is conducted in a natural setting to obtain a comprehensive and in-depth understanding of the mechanisms underlying the implementation of taʿzir. As a field study, data are gathered through direct observation and engagement with the lived practices in the pesantren, particularly concerning the application of legal equality in disciplinary measures. The findings indicate that the imposition of taʿzir follows an internal adjudicative process informed by a conception of justice aligned with Aristotelian thought, which emphasizes proportionality rather than rigid uniformity. In this framework, justice is realized through the allocation of rights and sanctions in accordance with the specific context and social roles of individuals, allowing for both equal and differentiated treatment where appropriate
The Role of GKMNU in Reducing Stunting in Glapansari Village, Temanggung: An Analysis of Maqashid al-Shariah Eka Mahargiani Rokhma; Sumarjoko; Yuda Ardian; Muhammad Zaki Tamami
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.698

Abstract

This study analyzes and evaluates the role of the Nahdlatul Ulama Family Welfare Movement (GKMNU) in Glapansari Village, Temanggung, in addressing the high prevalence of stunting as an effort to achieve the objectives of Maqashid al-Shariah, particularly the protection of future generations (hifz al-nasl). This village was selected because it has the highest stunting rate in Temanggung Regency, which negatively affects children’s growth and development. GKMNU implements a comprehensive program based on religious values, including health and nutrition counseling for pregnant women, education on Islamic parenting patterns, and spiritual strengthening. GKMNU views stunting as a complex issue requiring not only medical intervention but also religious and moral guidance, in line with the principle of protecting offspring within Maqashid al-Shariah. The program also supports the prevention of early marriage by referring to Law No. 16 of 2019, which stipulates the minimum marriage age of 19 years, aiming to protect children and ensure family sustainability. Despite challenges such as limited nutritional awareness, economic constraints, and cultural barriers, the findings emphasize that the synergy of GKMNU as an agent of social change and a facilitator of programs integrating religious values with national legal regulations is essential for creating healthy and dignified families in a sustainable manner. This family-based approach involving all family members is considered effective in preventing stunting.
Village Regulations on Livestock Management and Their Role in Promoting Maslahah Families Sumarjoko; Dani Fahrurrohman; Muhammad Zaki Tamimi
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.854

Abstract

This study examines the effectiveness of Village Regulation Number 12 of 2021 concerning livestock management in Banjarsari Village, Bejen District, and its contribution to promoting maslahah families. The research is motivated by the increasing social conflicts arising from the free-ranging management of livestock, particularly chickens and ducks, which has led to environmental sanitation problems, unpleasant odors, crop damage, and tensions among community members. The study aims to analyze the effectiveness of the regulation’s implementation, identify factors hindering its enforcement, and evaluate its relevance from the perspective of Islamic law based on the concept of maslahah. Employing a qualitative method with an empirical juridical approach, data were collected through observation, in-depth interviews, and documentation involving village officials, community leaders, livestock owners, and affected residents. The findings reveal that the implementation of the regulation has not been fully effective due to limited legal awareness, economic constraints, traditional livestock-raising practices, and weak monitoring by village authorities. Nevertheless, the regulation has contributed positively to improving environmental awareness, reducing potential social disputes, and fostering community harmony. From the perspective of Islamic law, the regulation reflects the principles of maslahah and maqāṣid al-sharī‘ah, particularly the protection of life (ḥifẓ al-nafs), property (ḥifẓ al-māl), and social order. Therefore, livestock management through village regulations can serve as an important instrument in supporting the realization of maslahah families and sustainable community welfare.
Co-Authors Asyharul Muala Dani Fahrurrohman Eka Mahargiani Rokhma Kurnia Laili Khamida Marsudin Muh. Syakur Muhammad Zaki Tamami Muhammad Zaki Tamimi Muhammed Zaki Tamami Nashih Muhammad Puput Alifah Sarmiyati Yuda Ardian Zainal Arifin