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All Journal Ahkam: Jurnal Hukum Islam Jurnal Ilmiah Profesi Pendidikan FiTUA : Jurnal Studi Islam Jurnal Riset Hukum Keluarga islam Tasyri'
Mutawali, Muhammad
Unknown Affiliation
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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 1 
ARAB SUNNI DAN IRAN SYI`AH KONTEMPORER: KONFLIK ATAU PERSAINGAN? MUTAWALI, MUHAMMAD
FiTUA: Jurnal Studi Islam Vol 1 No 1 (2020): JUNE
Publisher : STIT Sunan Giri Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47625/fitua.v1i1.228

Abstract

This article explains the problems that occur between Sunni and Shi'a schools starting after the death of the Prophet Muhammad. History records that there has been a prolonged conflict which is motivated by political conflict, ideological conflict, paradigm conflict and thought which are factors that hamper reconciliation efforts, given the existence of very painful past events between the two streams. For Shiites, the story of discrimination experienced by Ali ibn Abi Talib until the tragedy of Karbala with the killing of Husein the Prophet's grandson and the story of the Ahlul Bait pain became a very painful social memory. For Sunnis, insults, insults, curses and disbelief aimed at the main Companions of Abubakar, Umar, Uthman and the wife of Rasulullah Aisyah Al-Kubra became the main cause of disharmony in relations between Sunnis and Shiites. Disharmonization has also impacted on relations between countries in the Middle East who competed for influence in the Gulf until now after the Arab Spring.
HUKUMAN MATI BAGI ORANG YANG MURTAD DALAM PERSPEKTIF HADIS Mutawali, Muhammad
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.397-414

Abstract

Many Muslims who come out of their religion and embrace other religions with a variety of motives and reasons depending on their respective interests. This phenomenon seems to be a trend and lifestyle in the midst of the swift currents of globalization, democratic life, respect for Human right and religious freedom. In Islamic Criminal Law, apostasy (murtad) is a crime that is included in jarimah hudud. The punishment for apostates/riddah is the death penalty, and in the hereafter will get a reply in hell, this is in accordance with the message contained in the Qur'an and the Hadith of the Prophet Muhammad. This article explains the differences of opinion of the ulama regarding the punishment for the perpetrators of riddah / apostasy. Al-Qur'an does not specifically explain the punishment for apostates, it only stipulates the vanity of charity and in the hereafter will be given severe punishment. In the hadith of the Prophet which expressly punishes apostates with the death penalty. From the two sources of Islamic law as if there was a conflict. Therefore, it is very interesting to study considering that the problem of riddah is one of the problems in the study of Islamic criminal law which is always a concern of ulama and experts in contemporary Islamic law. Keywords: Riddah/Apostasy, Death penalty, Jarimah, Ta`zir
Analysis of Islamic Legal Anthropology on The Marriage Traditions of The Mbojo and Samawa Tribes: (A Comparative Study of the Peta Kapanca and Barodak Rapacar Traditions) Rizki, Prasetio; Wardatun, Atun; Mutawali, Muhammad
Jurnal Ilmiah Profesi Pendidikan Vol. 9 No. 4 (2024): November
Publisher : Fakultas Keguruan dan Ilmu Pendidikan, Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jipp.v9i4.2737

Abstract

This research aims to describe the similarities and differences in the traditional marriages of the Mbojo and Samawa tribes, as well as how Islamic legal anthropology analyzes these aspects. The study employs qualitative research through field research methods. A qualitative approach is used to observe and convey information that will produce clear data, based on community activities regarding how they are subjects within the research object. This research also contains comparative elements, which involve comparing two situations, events, and occurrences. In this case, the researcher applies a comparative method to the traditional marriages of the Mbojo tribe (Bima) and the Samawa tribe (Sumbawa). Data collection techniques in this study are obtained through direct observation in the field and interviews. Additionally, the data used in this research is supported by literature sources such as books, theses, journals, internet media, and others that support the research. The results of this study indicate that one of the purposes of marriage is to create a family that is peaceful, secure, and harmonious, in line with the concept of sakinah mawaddah wa rahmah. Marriage is a sacred bond between a man and a woman. In anthropology, culture is a system of ideas, actions, and human works that encompass beliefs, arts, morals, laws, and customs. In Indonesia, each region has its own unique culture, including in wedding ceremonies, such as those of the Mbojo tribe in Bima and the Samawa tribe in Sumbawa. Although they have different names and processes, the traditions of peta kapanca and barodak rapacar share the same purpose: to purify oneself in order to achieve a good and harmonious household.
Aktualisasi Nilai Historis & Teoritis dalam Pemberlakuan Hukum Islam di Indonesia Azzahra, Fatimah; Mutawali, Muhammad; Syukri, Syukri
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.173

Abstract

Islamic law is a set of Islamic rules and norms sourced from the Quran and Hadith, coupled with the sources of Islamic law in the form of Ijma' and Qiyas, and the sources of ijtihad that are still debated by scholars in their use in the form of Istihsan, Istislah, Istishab, Maslahah Mursalah, 'Urf, Sar'u Man Qablana, and so on. The history of the birth of Islamic law began with the appointment of Muhammad as the last Prophet and Apostle, and was sent to this earth as the recipient of divine revelation that must be disseminated to his people until the Day of Resurrection arrives. The revelations collected into the Qur'an contain all the rules that are allowed and not allowed to be done as believers. The Quran and Hadith are final even though they can still be interpreted according to the development of the times until now. With the spread of Islam to all corners of the world, Islamic law is also included in it. Islam reached Indonesia at a time when the Hindu-Buddhist kingdoms still ruled Indonesia. Islam was brought peacefully by Arab and Indian traders so that it could be well received by the indigenous people at that time. The implementation of Islamic law in Indonesia has occurred since the birth of Islamic kingdoms until the current modern Indonesian era. This is evidenced by the use of Islamic law as the basis / source of various rules in Indonesia
Analisis Perspektif Maslahah terhadap Keputusan Pemerintah terkait Pelegalan Alat Kontrasepsi di Indonesia Wathoni, M. Naufal Addil; Mutawali, Muhammad; Indrawati, Teti
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.151

Abstract

This study analyzes government policies related to the legalization of contraceptives through the maslahah theory, where the government recently legalized contraceptives in Indonesia for school teenagers in Indonesia. This theory examines how the benefits and harms are contained in government policies related to the legalization of contraceptives in Indonesia. As we know that contraceptives function as a means of preventing pregnancy among married couples who hold the concept of family planning. This study uses a literature study approach, where data and documentation are taken from books, articles, journals, research report notes from previous researchers. This study also uses a normative legal research method with a literature study approach. The main sources include classical and contemporary fiqh books, journal articles, and legal reports. This study identifies that this legalization has two dimensions of maslahah: al-mursalah for married couples, meaning that contraceptives for married couples have benefits, namely as a means of preventing pregnancy and al-mulghah for unmarried adolescent users, meaning that if an unmarried couple uses contraceptives to have sex like a husband and wife, it is still counted as an act of adultery. This research offers a new perspective in understanding the relationship between public policy and maqasid sharia.
Fenomenologi Perkawinan Anak: Sudut Pandang Tokoh Agama, Adat, dan Pemerintah Lombok Muttalib, Abdul; Jumarim; Mutawali, Muhammad
Jurnal Riset Hukum Keluarga Islam Volume 5, No, 2 Desember 2025, Jurnal Riset Hukum Keluarga Islam (JRHKI)
Publisher : UPT Publikasi Ilmiah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/jrhki.v5i2.7351

Abstract

Abstrak. Perkawinan anak di Lombok Barat meningkat dari 184 kasus (2022) menjadi 233 kasus (2023). Artikel ini memetakan secara komparatif pandangan multi-tokoh menggunakan metode kualitatif deskriptif dengan pendekatan fenomenologi interpretatif pada 12 informan (4 tokoh agama, 4 tokoh adat, 4 tokoh pemerintah) melalui wawancara mendalam, observasi, dan studi dokumentasi. Data dianalisis menggunakan analisis tematik Braun & Clarke (2006). Hasil menunjukkan heterogenitas pandangan signifikan: tokoh agama terbagi antara penolakan berdasarkan pemahaman modern dan pembolehan berdasarkan interpretasi klasik; tokoh adat progresif menekankan merariq kodeq bukan budaya Sasak asli; tokoh pemerintah konsisten menolak karena bertentangan regulasi. Faktor pemengaruh meliputi tingkat pendidikan, pemahaman keagamaan, interpretasi adat, tekanan sosial, kondisi ekonomi, dan pola asuh. Secara teoretis, artikel ini memperkaya literatur konstruksi sosial perkawinan anak. Secara praktis, memberikan pemetaan komprehensif dan rekomendasi strategis untuk program GAMAK serta kebijakan pencegahan perkawinan anak melalui pendekatan kolaboratif kontekstual. Abstract. Addiction to online gambling results not only in financial losses but also in psychological distress, strained marital relationships, and the neglect of children’s rights within the household. In the practice of religious courts, this issue is increasingly cited as a basis for divorce. This article aims to examine the legal legitimacy of online gambling addiction as a valid reason for divorce by analysing the provisions of Law No. 1 of 1974 on Marriage, Government Regulation No. 9 of 1975, and the Compilation of Islamic Law, while also examining judges' interpretation patterns and their implications for the protection of children's rights and the division of joint property. This study employs a normative legal method with a case study approach through qualitative-descriptive analysis of religious court decisions. The results indicate that online gambling addiction can be classified as a difficult-to-cure bad habit or a cause of prolonged conflict, thereby fulfilling the legally recognised grounds for divorce. Additionally, courts are beginning to accommodate digital evidence as a relevant means of proof. These findings emphasise the urgency of strengthening legal protection for children and vulnerable parties, as well as the need for adaptive regulatory responses to digital social dynamics.
Co-Authors Atun Wardatun Fatimah Azzahra Jumarim Muttalib, Abdul Rizki, Prasetio Syukri Syukri Teti Indrawati Wathoni, M. Naufal Addil