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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-Manahij: Jurnal Kajian Hukum Islam Nurani: Jurnal Kajian Syariah dan Masyarakat Jurisprudentie MODELING: Jurnal Program Studi PGMI Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Edukasi Islami: Jurnal Pendidikan Islam Islamic Management: Jurnal Manajemen Pendidikan Islam DE'RECHTSSTAAT Jurnal Hukum Magnum Opus Journal of Humanities and Social Studies JISIP: Jurnal Ilmu Sosial dan Pendidikan Jurnal EDUCATIO: Jurnal Pendidikan Indonesia Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Rayah Al Islam : Jurnal Ilmu Islam Alauddin Law Development Journal (ALDEV) Jurnal Ilmiah Al-Hadi Jurnal Cahaya Mandalika INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal International Journal of Science and Society (IJSOC) PEMA: Jurnal Pendidikan dan Pengabdian Kepada Masyarakat Mudabbir: Journal Research and Education Studies Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Al-Istinbath: Jurnal Hukum Islam Yurisprudentia: Jurnal Hukum Ekonomi JUDGE: Jurnal Hukum IIJSE Al-Zayn: Jurnal Ilmu Sosial & Hukum Abdi Masyarakat UIKA Jurnal Hukum dan Keadilan El-Mujtama: Jurnal Pengabdian Masyarakat Jurnal Penelitian Pendidikan Indonesia Tabayyun : Journal of Islamic Studies FATHIR: Jurnal Studi Islam Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah SASI Hakamain: Journal of Sharia and Law Studies EMPIRISMA: JURNAL PEMIKIRAN DAN KEBUDAYAAN ISLAM Fundamental : Jurnal Ilmiah Hukum Madania: Jurnal Kajian Keislaman
Tanjung, Dhiauddin
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Public Health Social Sciences Other

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Islamic Family Law Reform in Indonesia Through Supreme Court Circulars: A Maqasid Sharia Perspective Arrasyid, Fauzan; Pagar, Pagar; Tanjung, Dhiauddin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 2 (2023): Vol. 6, No. 2, April 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i2.29236

Abstract

From 2012 to 2022, the Supreme Court of the Republic of Indonesia has issued ten new regulations through Supreme Court Circulars (SEMA) resulting from Plenary Chamber Meetings, which have produced 458 new legal rules. Among these new legal rules, 109 govern Islamic civil law, indicating that SEMAs represent another variation in the efforts to reform Islamic family law in Indonesia. This research aims to examine the existence and efforts of Islamic family law reform in Indonesia from the perspective of maqasid sharia according to contemporary scholars. This research uses a mixed-method approach, employing both statutory and conceptual approaches. Primary data sources consist of SEMAs from 2012 to 2022, and secondary data consist of legal regulations related to issues of Islamic family law, which are analyzed. The theory used for data analysis is the theory of maqasid sharia. The results of this research show that the reform of Islamic family law regulations in Indonesia through SEMAs from 2012 to 2022 is integrative with maqasid sharia. The regulations issued in SEMAs have fulfilled six aspects of maqasid sharia, namely: (a) aspects of faith, creed, and monotheism; (b) aspects of human nature and moral improvement; (c) aspects of common sense and legal contextualization; (d) aspects of human rights, freedom, equality, justice, and women's rights; (e) aspects of good order and civilization; (f) aspects of public interest (maslahah)
Judge's Considerations When Handing Down Marriage Dispensation Decisions in Aceh Singkil Regency for the 2019-2023 Period Sulaeman AR; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
International Journal of Science and Society Vol 6 No 3 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i3.1239

Abstract

This study aims to comprehensively examine the reality of the dynamics of marriage dispensation application cases at the Singkil Sharia Court, Aceh Singkil Regency, the judge's considerations in accepting or rejecting marriage dispensation applications, and the legal basis used by the judge in deciding marriage dispensation cases at the Singkil Sharia Court, Aceh Singkil Regency. This study uses a naturalistic qualitative approach with a field research method. Data collection techniques are carried out through observation, interviews, and documentation. This study is descriptive naturalistic, which aims to clearly and in detail describe the social reality at the Singkil Sharia Court, Aceh Singkil Regency. The results of the study indicate that the process of submitting a marriage dispensation application at the Singkil Sharia Court reflects the same requirements as the Supreme Court Regulation (Perma) No. 5 of 2019. The findings indicate that the main reasons for the application include parental concerns about indecent behavior, customary considerations and scheduling of wedding receptions, and premarital sexual relations. The judge's basis for deciding on a marriage dispensation application involves considerations such as the absence of parents in mediation, family pressure, and document inconsistencies. The judge's considerations in deciding on a marriage dispensation include the child's readiness to live in a household, psychological and financial capabilities, and approval from the extended family. This study emphasizes the importance of adjusting decisions to existing regulations to ensure fairness.
The Role of Islamic Religious Counselors in Providing Premarital Guidance at the Religious Affairs Office of Sultan Daulat District, Subulussalam City, Aceh Province Zainuddin; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
International Journal of Science and Society Vol 6 No 3 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i3.1241

Abstract

This study aims to analyze the implementation of premarital guidance at the Religious Affairs Office of Sultan Daulat District, the materials provided in premarital guidance at the Religious Affairs Office of Sultan Daulat District, and the SWOT analysis of premarital guidance at the Religious Affairs Office of Sultan Daulat District. The study used a nautical qualitative approach with data collection techniques in the form of observation, interviews and documentation studies. This study revealed several important findings regarding premarital guidance at the Religious Affairs Office of Sultan Daulat District. The implementation of this guidance follows the requirements for marriage registration in accordance with the latest regulations. Participants were very satisfied with the ease and flexibility of time provided during the guidance, which was arranged according to the agreement between the presenter and participants. Religious counselors showed responsibility and consistency in their duties, making positive contributions to the community by being active in discussions and question and answer sessions. The guidance material was delivered by two groups of presenters: Islamic religious counselors and representatives from the National Population and Family Planning Agency and health agencies. The material covered the management of psychology and family dynamics, reproductive health, and the foundations of a harmonious family. Religious counselors used an independent method in delivering their material. The SWOT analysis shows that religious counselors play a role in reducing the divorce rate in the area. They are also effective in reducing the spread of hoax news about premarital counseling. The guidance methods applied and the flexibility of implementation time help simplify the process and overcome the negative stigma that is often associated with premarital counseling at the Sultan Daulat Religious Affairs Office.
Traditional Tolak Bala Ceremony in Tanah Bara Village, Aceh Singkil from an Islamic Law Perspective Efia, Cut; Tanjung, Dhiauddin; Matsum, Hasan
International Journal of Science and Society Vol 6 No 3 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i3.1243

Abstract

Long before Islam came, local culture and beliefs of Animism and Dynamism were very close to the community. It was from here that the belief that disaster would occur because of something or a matter came into existence. Tolak bala in the big Indonesian dictionary is defined as an action to reject disaster; an effort to avoid danger; a series of activities carried out by a group of people to hold a kenduri tolak bala. Everyone certainly longs for safety and happiness, so that if a disaster threatens them, they try to ward it off. Islamic law has stipulated that only Allah is the source of salvation, a Muslim must believe that only Allah controls all good and harm, both those that have not yet befallen and those that have befallen. As in surah az-zumar verse 38; in other letters such as surah al-Baqarah verse 45 also emphasizes human dependence on Allah. This research was conducted in Tanah Bara village, Gunung Meriah District, Aceh Singkil Regency using a descriptive analysis method. The practice of tolak bala in Tanah Bara village on every Wednesday at the end of the month of Syafar. Various series are carried out such as, hajat prayer, dhikr and prayer to ward off disaster, bathing to ward off disaster using KASE and smearing betel water on the forehead of family members. There is no practice of ward off disaster in Tanah Bara Village that performs offerings such as throwing food into the river for offerings. The practice of ward off disaster as has been briefly described, is carried out only as an effort to keep away from danger. The practice of ward off disaster in Tanah Bara Village is legitimated by Islamic law, because it still reflects the spirit of Islamic law, meaning that it is permitted in Islamic law for the practice of ward off disaster in Tanah Bara Village. In the practice of ward off disaster that is carried out, there are no acts of idolatry committed, such as throwing offerings into the river, or throwing food with the aim of offerings. Only the essence of the practice of ward off disaster after using KASE, then diving by realizing it like the flow of water with the KASE, then all diseases disappear. This is the point of the problem of the practice of warding off disaster that the author wants to examine further to obtain legal legitimacy, whether it is permissible or not.
The Practice of Using Inheritance Assets for Death Feast Expenses from the Perspective of Islamic Law and the Aceh Customary Council (Majelis Adat Aceh) Lembong, Suarto; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
International Journal of Science and Society Vol 6 No 3 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i3.1274

Abstract

This study aims to determine the practice of using pre-divided inheritance as funeral expenses in Aceh Singkil Regency from the perspective of Islamic Law and the Aceh Customary Council (Majelis Adat Aceh). This study uses a qualitative method with data collection techniques in the form of observation, interviews, and documentation studies. The results of the study found that funeral expenses in Aceh Singkil Regency are often carried out using undistributed inheritance, even though this is contrary to Islamic law. Islamic law prohibits the use of inheritance for funerals except under certain conditions with strict requirements, but the practice in Aceh Singkil shows that many of these requirements are not met. In addition, the view of the Aceh Singkil Regency Customary Council emphasizes that the use of undistributed inheritance for funerals is contrary to sharia and is very relevant. Therefore, the implementation of this prohibition is very important to prevent violations of Islamic Law.
Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh Mulizar, Mulizar; Asmuni, Asmuni; Tanjung, Dhiauddin
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (896.42 KB) | DOI: 10.29240/jhi.v7i1.3587

Abstract

This paper discusses the dynamics of punishment for khalwat perpetrators which is habitually inclined to implement the rule of law underlined in Aceh. The aim of this research is to analyze the provision of legal sanctions carried out by Acehnese for khalwat perpetrators based on the maqashid sharia perspective. This study was conducted by using empirical juridical research with law sociology approach, and the source of the main data was an interview which was completed by supporting data such as significant articles related to the khalwat cases in Aceh. The results of this study point out that normatively the provision of sanctions for khalwat perpetrators in Aceh are regulated into two forms, namely Jinayat Law Qanun, and the Development of Traditional Life and Custom Qanun. Each of these regulations has differences in the provision of law sanctions for the khalwat perpetrators that cause law dualism. Practically, the sanctions determined by Acehnese for the khalwat perpetrators are various depending on each region. There are four kinds of sanctions enforcement, namely; First: Jinayat Law Qanun, Second: Customary Law, Third: the sanction of punishment in the name of customary law, Fourth: persecution. Based on maqashid al sharia aspect, some of these punishments are considered not in accordance with sharia principles, law of persecution, and in the name of customary law. Indeed, these regulations tend to be decided arbitrarily and even followed by torture.
The Progressivity of Umar Ibn Al-Khattab's Ijtihad in Responding to Community Social Changes Arrasyid, Fauzan; Pagar, Pagar; Tanjung, Dhiauddin; Nor, Mohd Roslan Mohd
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.4872

Abstract

This study aims to see how Umar Ibn Al-Khattab's legal ijtihad typology responds to social changes that occur in society. Ijtihad is a legal decision-making process based on syar'i arguments. During his leadership, Umar ibn Khattab was known to history as one of the caliphs who often performed ijtihad and the results often differed from those of other companions of the Prophet in terms of understanding and practice of Islamic law. Umar bin Khattab often recited the Quranic texts and hadith of the Prophet by contextualizing verses and hadiths through his maqasid approach.  This research uses normative legal research methods. The data were obtained through literature review and analyzed using a descriptive analysis approach. The results showed that Umar's ijtihad pattern of Islamic law in some cases is considered as an integrated, integral, and authentic understanding in order to realize the benefit of Muslims. He carried out the policy of Islamic law by paying attention to rapidly developing social changes. Although his Ijtihad seems contrary to the provisions of the text, in fact Umar can be said to be able to understand the general principles (al-ushul al-kulliyat) of the Koran.  So that the Quranic text, which has descended historically, can always provide answers and solutions to social problems of society that are always undergoing changes.
Integration of Islamic Education And Science: A Study On Pig Cornea Transplantation Based On Al-Shatiby's Perspective Zaldi, Zaldi; Asmuni, Asmuni; Tanjung, Dhiauddin
Edukasi Islami: Jurnal Pendidikan Islam Vol. 12 No. 001 (2023): Edukasi Islami: Jurnal Pendidikan Islam (Special Issue 2023)
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v12i001.6140

Abstract

This research focuses on seeing how the integration between Islamic education and science, by looking at the case of pig eye cornea transplantation based on Al-Shatiby's perspective. Islamic education is important to adjust Islamic law as a guide for every Muslim to be a reference in carrying out all the activities of his life both his relationship with Allah and his relationship with fellow human beings even towards himself and other creatures. The development of medical technology today requires health experts to transplant / replace human eye corneas that experience blindness due to corneal abnormalities to be overcome while corneal donors derived from human eye corneas are very rare to obtain, one of which is due to the unwillingness of humans to become corneal donors, so doctors replace human eye corneas that experience corneal blindness with corneas derived from pigs that have been genetically engineered.  Islamic law comes from the Quran and the Sunnah of the Prophet, but if no clear text is found in a problem faced by humans, the scholars make ijtihad to determine the law through Ijmak and Qiyas. With the development of technology today, not all problems can be answered from existing sources and arguments of Islamic law, so other legal arguments are needed, such as Maslahah Mursalah. This also requires Islamic education in the medical field, so that patients and families understand the problems that exist, and understand the medical process. The integration of Islamic education in science, especially in the context of medical science can encourage the determination of Islamic law on pig corneal transplants as a substitute for human corneas, especially by using the Maslahah Mursalah Theory approach from Imam Al-Shatiby.
Pengaruh kelembapan udara terhadap efektivitas pelaksanaan rukyatul hilal awal bulan qamariyah Hayati, Zahra; Tanjung, Dhiauddin
Jurnal EDUCATIO: Jurnal Pendidikan Indonesia Vol. 9 No. 2 (2023): Jurnal EDUCATIO: Jurnal Pendidikan Indonesia
Publisher : Indonesian Institute for Counseling, Education and Therapy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/1202323206

Abstract

OIF UMSU merupakan salah satu tempat yang dapat dilakukan pelaksanaan rukyatul hilal. Namun tempat tersebut sering gagal dalam pengamatan hilal, salah satu penyebabnya adalah kelembapan udara, dimana pada saat hendak melakukan rukyatul hilal ada berbentuk gumpalan awan. Karena itu penelitian ini akan mencari jawaban dari pengaruh kelembapan udara terhadap efektivitas pelaksanaan rukyatul hilal di OIF UMSU dan nilai kelembapan yang efektif untuk melaksanakan rukyatul hilal di OIF UMSU. Bentuk studi ini melibatkan penelitian lapangan, dan data yang diperoleh bersifat kualitatif. Penelitian ini menyatakan bahwa kelempaban udara tidak secara langsung mengubah rukyatul hilal, tetapi mempengaruhi pembentukan awan dan curah hujan. Selain itu, pelaksanaan rukyatul hilal di OIF UMSU dapat efektif jika kelembapan udara di bawah 65% dan tidak efektif jika kelembapan udara di atas 65%.
Assessing Ecological Tourism in Pulau Banyak: An Analysis Through Fiqh Al-Bi'ah Principles Jamhuri, Jamhuri; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5548

Abstract

This study aims to provide an Islamic legal analysis of the concept of ecological tourism in Pulau Banyak District through the perspective of Fiqh al-Bi'ah. Fiqh al-Bi'ah, as part of Islamic teachings, offers ethical and religious guidance in preserving the environment. However, the phenomenon of tourism development often clashes with environmental welfare agendas. Halal tourism in Pulau Banyak still faces problems despite being regulated by Aceh Qanun Number 8 of 2013. Therefore, an objective regulation and a redefinition of the halal tourism concept in Pulau Banyak, framed within Maqasid Sharia and aligned with the Fiqh al-Bi'ah concept, are urgently needed. There are still structural inequalities in Pulau Banyak District. The halal tourism development policy in Pulau Banyak should address the various inequalities that have occurred so far. The common inequalities found in Pulau Banyak District include regulatory disparities between tourism and conservation policies, social inequalities between religious values, customary rules, and the perception that tourist areas are free zones, as well as economic access inequalities from tourism activities in Pulau Banyak. The research method used is qualitative with a descriptive-analytical approach. Data were collected through observation and documentation of valid sources to capture the phenomena in Pulau Banyak District. The authors hope that this research can serve as a source of Islamic law in environmental regulation and as an effort to provide a contemporary fiqh paradigm in guiding the development of halal tourist areas that align with infrastructure development and increase environmental awareness among the community and tourists.
Co-Authors Adi Syahputra Sirait Ahmad, Upi Sopiah Ainul Mardhiah, Ainul Al-Fitrah, Ramadhan Anshari Nasution, Muhammad Zaid Arrasyid, Fauzan Asmuni Asmuni Azhari, Wildan Habib Azharuddin Azharuddin, Azharuddin Baehaqi Bayu Suhairi, Mhd. Arbi Daulay, Ahmad Kosasih Daulay, Indi Ramadhani Dayrobi, Mhd Efia, Cut Fachry Abda El Rahman Hafsah Hafsah Hamzah Hamzah Harisman Hayati, Zahra Hisyamsyah Dani, Muhammad IRWANSYAH Izhar Izhar, Izhar Jamhuri, Jamhuri Januddin Januddin Khailid, Muhammad Khair, Nispul Khoiri, Nisful KY, Yuliusman Lauhin Mahfudz Lembong, Suarto Lubis, Akma Qamariah Lubis, Fauziah Mahdi, Zarman Mahfuzah, Nandani Zahara Mastsum, Hasan Matsum, Hasan Mhd. Syahnan Mhd. Syahnan Mohd Roslan Mohd Nor, Mohd Roslan Mohd Muhammad Abduh Muhammad Agung Muhammad Yusuf, Januddin Mulizar Mulizar Nasution, Evriza Noverda Nasution, Hasan Bakti Nawir Yuslem, Nawir Nita Wati, Asrat Nurasiah Nurasiah Pagar, Pagar Pratama, Muhammad Roni Purnama, Deni Rahmawati Siregar, Lili Ramadhan Syahmedi Siregar Rangkuti, Muhammad Alawy Reski, M. Ritonga, Ali Bata Rizki Maulana, Rizki Safitri, Bujing Safpuriyadi Safpuriyadi, Safpuriyadi Sandra Dewi, Atika Sarumpaet, Muhammad Idris Sebayang, Muhammad Alfalah Siddik, Ibnu Radwan Sinaga, Istiqomah Siregar, Rais Abdurrahman Sitepu, Fahri Roja Sukiati Sukiati Sulaeman AR Surya Surya Syafaruddin Syafaruddin Syafrowi, Syafrowi Syahmedi Siregar , Ramadhan Syahputra, Akmaluddin Syamsiar, Syamsiar Uswatun Hasanah Wahyudi, Nano Wati, Asrat Nita Yusuf Harahap, Bahtiar Zaini Zaini Zainuddin zaldi, Zaldi Zein, Hanafi