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Islamic Family Law Reform in Indonesia: A Review of the Supreme Court's Decision on the Postponement of the Distribution of Joint Property Ritonga, Bakti; Mukhlas, Oyo Sunaryo; Nurrohman; Burhanuddin; Ridwan, Ahmad Hasan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9667

Abstract

The settlement of joint property between husband and wife after divorce often ends up in the Religious Court, even reaching the level of cassation and judicial review (PK), such as in the Supreme Court Decision Number Register 159/K/AG/2018. In this case, especially related to disputes over joint property in marriages with minor children, the Supreme Court not only refers to the normative law contained in the law, but also considers a sense of justice and benefit. This research uses a qualitative descriptive method with an empirical juridical approach. This approach is referred to as empirical legal research because it focuses on analyzing the implementation of normative legal provisions directly (in action) in certain legal events in society. Primary data was obtained from Supreme Court decision No 159 K/Ag/2018, No 618/Pdt.G/2012/PA.Bkt, No 38/Pdt.G/2013/PTA.Pdg, No 88K/Ag/2015, No 159/K/AG/2018, No 99/Pdt.G/2023/MS, as well as laws related to the research being discussed. Secondary data is obtained from books, scientific articles and previous research results related to joint property and those that have the same discussion. Data collection techniques using literature study and qualitative data analysis are used to explore certain phenomena and find out the causes. The results showed that the Supreme Court judge in deciding this case used the method of legal discovery through legal interpretation, especially systematic interpretation and sociological interpretation. In the case, the judge postponed the division of joint property until the children of the disputing parties reached the age of mumayyiz, thus showing attention to aspects of substantive justice. Systematic and sociological legal interpretations by judges show that in resolving post-divorce joint property disputes, especially those involving minors, judges must consider the social realities that live in society to actualize justice. This emphasizes the role of judges not only as law enforcers, but also as guardians of the public good. This research concludes that legal discovery by judges through interpretation based on systematic and sociological approaches can realize concrete justice in society, especially in divorce cases involving children.
Hermeneutika Hasan Hanafi dalam konteks penafsiran al-Qur’an Mulyaden, Asep; Ridwan, Ahmad Hasan; Riyani, Irma
Hanifiya: Jurnal Studi Agama-Agama Vol 5, No 1 (2022): Hanifiya: Jurnal Studi Agama-Agama
Publisher : Program Studi Studi Agama-Agama Pascasarjana UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/hanifiya.v5i1.14959

Abstract

This study was conducted to try to understand Hasan Hanafi's hermeneutic thinking in the context of the interpretation of the Qur'an. Given that the Qur'an is a holy book that deserves to be applied throughout all times and in various places. There are various methods that can be used to interpret the Qur'an. One of them is the hermeneutic approach. Not a few hermeneutic figures who offer various concepts, from orientalists to Muslim scholars themselves. However, the interpretation of the Qur'an with hermeneutics that is relevant to the slogan above is an interpretation that can provide solutions to the problems of the people, especially Muslims. Among the theories that are appropriate and in line with these interests are the hermeneutics offered by Hanafi, namely the emancipatory critical hermeneutics. This model of hermeneutics is a science that determines the relationship between consciousness (critical attitude) and its object, namely the holy book. It has a lasting stage called the historical consciousness phase, the eiditic phase of consciousness, and the practical phase of consciousness. Hermeneutics is a science that can explain God's revelation from letters to reality, from logical to practical, from words to the world, and from God's thoughts into real life.
THE ROLE OF ISLAMIC LAW IN THE EQUITABLE DIVISION OF JOINT ASSETS POST-DIVORCE WITHIN URBAN SOCIETY: A DESCRIPTIVE STUDY OF ITS APPLICATION IN BANDUNG HIGH RELIGIOUS COURT Bainon, Masalan; Fautanu, Idzam; Solihin, Dadin; Khosyi’ah, Siah; Hasan Ridwan, Ahmad
AKADEMIKA: Jurnal Pemikiran Islam Vol 29 No 2 (2024)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v29i2.9229

Abstract

This research examines the legal certainty of joint property, defined as assets jointly acquired by spouses during marriage, particularly within the context of urban Muslim society. Using a descriptive-analytical method, it explores the relevance of joint property in the lives of married couples and its division post-divorce. The study highlights the legal ambiguities in Indonesia's current framework, particularly in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). These regulations often fail to address modern family dynamics, such as when the wife is the primary breadwinner. This gap has resulted in inconsistent rulings in religious courts, particularly in urban areas where economic roles and gender dynamics are rapidly evolving. Focusing on the Bandung High Religious Court, the research emphasizes the importance of equitable asset division that reflects fairness, justice, and the lived realities of urban Muslim families. Findings suggest that while courts generally provide justice and legal certainty, there is a growing need for updated legal interpretations that accommodate changes in societal roles and expectations.
Rereading the Concept of Joint Property: Fiqh Literacy in the Book of Sabilal Muhtadin and the Genealogy of Sheikh Arsyad's Thoughts Tarantang, Jefry; Akbar, Wahyu; Astiti, Ni Nyoman Adi; Rollis, Rollis; Ridwan, Ahmad Hasan
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.23016

Abstract

This research describes fiqh literacy regarding joint property which has become an academic rumor referring to the Book of Sabilal Muhtadin by Sheikh Arsyad, which is a reference for studies on joint property in Indonesia. Because of this, it is necessary to re-read the concept of joint property, which was born from the culture of the Banjar people, namely the property of taboo, which was initiated by Sheikh Arsyad, because the reference is not from the Book of Sabilal Muhtadin.This research uses a type of normative research using historical, hermeneutic, netnographic, conceptual and philosophical approaches. Data was collected by means of literature studies that refer to the book of Sabilal Muhtadin and articles and studies of parties who are concerned about the book in correspondence. The findings of this research indicate that the Islamic legal methodology used by Sheikh Arsyad regarding the concept of joint property is a product of his ijtihad taking into account the local culture of the Banjar community. Although there is a misrepresentation of fiqh literacy regarding joint assets in the Sabilal Muhtadin Book which is used as a literary reference. Sheikh Arsyad's genealogical thoughts regarding joint property, although not contained in Sabilal Muhtadin's Book, have become a local legal doctrine that has been transformed into a global insight using the methods of islah, maslahah mursalah, urf, and adatul muhakkamah.However, this concept will not be degraded, because it has been practiced for a long time and has become a living law that contains beneficial values.
The Role of Central Banks in Inflation and Exchange Rate Stability Amidst Global Economic Challenges: Monetary Policy Approach Juarsa, Eka; Janwari, Yadi; Hasanuddin, Muhammad; Ridwan, Ahmad Hasan; Athoillah, Mohamad Anton
Strata International Journal of Social Issues Vol. 2 No. 1 (2025): February
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/sijosi.v2i1.303

Abstract

The global economic landscape poses significant challenges for developing countries, including Indonesia, particularly in managing inflation and exchange rate stability. This study investigates the role of central banks, with a specific focus on Bank Indonesia (BI), in maintaining economic stability amidst global economic uncertainties. Inflation, characterized by sustained price level increases and exchange rate fluctuations driven by international market dynamics and monetary policies, is identified as the primary concern affecting economic stability, purchasing power, and trade balance. The study highlights the pivotal role of BI’s inflation-targeting framework and adaptive monetary policy approaches in addressing these challenges and enhancing economic resilience. Using a qualitative descriptive analysis, the research draws on scholarly literature, official reports, and relevant academic sources to explore the effectiveness of BI’s strategies. Findings indicate that BI’s multifaceted role in inflation control and exchange rate management supports sustainable economic growth while adapting to global economic complexities. Recommendations emphasize the need for enhanced policy transparency, strategic collaboration with government and international stakeholders, and the development of adaptive monetary innovations to address digital disruptions and structural economic shifts. This study contributes to academic literature and offers actionable insights for strengthening Indonesia’s economic stability.
The Implementation of the Principle of Profit Sharing of Mudharabah and Musyarakah in The Realm of Community Economic Development Suherli, Ian Rakhmawan; Ridwan, Ahmad Hasan; Yusup, Deni Kamaludin; Hakim, Sofyan Al; Muharni, Yusraini
Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol. 9 No. 1 (2025): Amwaluna: Jurnal Ekonomi dan Keuangan Syariah
Publisher : UPT Publikasi Ilmiah UNISBA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/amwaluna.v9i1.3357

Abstract

This study investigates the implementation of the profit-sharing concept through mudharabah and musharakah contracts within the context of community economic growth in general. Library research methods are utilized to collect and analyze relevant literature, emphasising how these two contracts might help Muslims avoid the usury trap. The study's findings reveal that mudharabah and musharakah have become an important feature of Indonesia's Islamic financial system, helping to finance productive enterprises. Although there are obstacles to its adoption, such as a lack of public comprehension and insufficient rules, both contracts have the potential to boost economic welfare significantly. This study also emphasizes the role of Islamic scholars and financial organizations in creating and overseeing this practice to ensure that Sharia principles are not breached
Zakat Regulation Review: Badan Amil Zakat Nasional’s Regulation Review Concerning the Validity of BAZNAS Cianjur Nugraha, Ahmad Lukman; Ridwan , Achmad; Athoillah, Mohamad Anton; Ridwan, Ahmad Hasan
Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol. 9 No. 1 (2025): Amwaluna: Jurnal Ekonomi dan Keuangan Syariah
Publisher : UPT Publikasi Ilmiah UNISBA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/amwaluna.v9i1.3950

Abstract

This study examines the implementation of BAZNAS Regulation No. 1 of 2019, which governs the procedures for the appointment and dismissal of BAZNAS leaders at both the provincial and regency levels. The primary objective of this research is to provide strategic recommendations for evaluating the regulation, thereby fostering a shared understanding between regional authorities and BAZNAS RI. The study adopts a qualitative research methodology, employing a sociological legal approach. Data collection was conducted through observational studies at BAZNAS Cianjur. The findings reveal that the implementation of BAZNAS Regulation No. 1 of 2019 has resulted in divergent interpretations, particularly concerning the authority of regional heads in appointing BAZNAS leadership candidates. The Cianjur Government maintains that regional heads possess exclusive authority in this process, free from external influence, including that of BAZNAS RI. In response to these interpretational differences, this study proposes several recommendations to harmonize the appointment process. First, the selection procedure should include formal discussions between leadership candidates and regional heads. Second, regional heads should conduct an additional factual verification process and maintain records on prospective candidates. However, in cases where a candidate is deemed legally ineligible, BAZNAS RI retains the authority to disqualify the individual and issue a formal Letter of Consideration. Third, candidates for BAZNAS leadership should hold certification as amil zakat practitioners. Lastly, the profession of amil zakat should be formally integrated into the Indonesian National Work Competency Standards. These recommendations aim to enhance the clarity and effectiveness of regulatory implementation, thereby promoting a more structured and coherent approach to leadership appointment within BAZNAS.  
Problematika Pembiayaan Mudharabah di Perbankan Syariah Indonesia Gugun Sodik; Ahmad Hasan Ridwan
EKONOMIKA45 :  Jurnal Ilmiah Manajemen, Ekonomi Bisnis, Kewirausahaan Vol. 11 No. 1 (2023): Desember : Jurnal Ilmiah Manajemen, Ekonomi Bisnis, Kewirausahaan
Publisher : Fakultas Ekonomi Universitas 45 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30640/ekonomika45.v11i1.2267

Abstract

The application of Islamic economic principles in Islamic banking, with Mudarabah financing as a key instrument, presents a financial model based on justice and sustainability. Nevertheless, Mudarabah financing faces a series of challenges that may hinder its potential. This paper investigates several issues, including the lack of understanding among the public and entrepreneurs, difficulties in determining profit-sharing ratios, business risks, unclear regulations, as well as ethical and social responsibility issues. Various solutions are proposed, such as enhancing understanding through education, drafting clear agreements, developing comprehensive regulations, involving the community in oversight, and emphasizing business ethics and social responsibility. By addressing these challenges, it is anticipated that Mudarabah financing can be optimized to support an inclusive and sustainable economy within the framework of Islamic banking.
The Principle of Family Resilience in Islamic Law And Its Relevance to Cilegon’s Regional Regulation Number 1/2019 Devika Rosa guspita; Ridwan, Ahmad Hasan; Khosi’ah, Siah; Solehuddin, Ending; Badriyah, Badriyah
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1821

Abstract

This study explores the application of family resilience principles within Islamic family law and its implications in Regional Regulation No. 1/ 2019 in Cilegon. The research adopts a qualitative approach, integrating legal analysis with field data from religious courts and local communities. This approach integrates normative legal analysis with empirical data obtained from field studies, including interviews with relevant parties such as religious court judges, traditional leaders, victims, and local communities. The findings suggest that the regulation establishes a legal framework consistent with Islamic principles, thereby enhancing marital stability and child custody arrangements. However, the study identifies challenges, including limited public awareness and legal disparities in implementation. A comparative analysis with similar regulations in Malaysia and Saudi Arabia suggests that Indonesia’s approach, while progressive, requires stronger enforcement mechanisms and enhanced educational outreach. The study concludes that effective integration of Islamic family resilience principles necessitates continuous legal refinement and policy adaptation.  
Islamic Cooperatives: A Review of the Theory of Truth in Islamic Economic Philosophy Nasrulloh, Agus Ahmad; Syarif, Nurrohman; Ridwan, Ahmad Hasan
JURNAL EKONOMI SYARIAH Vol 10, No 1 (2025): Jurnal Ekonomi Syariah
Publisher : Universitas Siliwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37058/jes.v10i1.14262

Abstract

Introduction to The Problem: Islamic cooperatives have an important role in the national economy, especially for business actors in the Micro, Small and Medium Enterprises sector. However, currently the function and role of this financial institution cannot run optimally because it is faced with problems originating from internal and external Islamic cooperatives. This is allegedly contrary to the theory of truth in Islamic philosophy.Purpose/Objective Study: This research aims to examine and analyse the role and function of Islamic cooperatives in terms of the theory of truth in Islamic philosophy.Design/Methodology/Approach: This research is a type of qualitative research in the form of library research which is qualitative in nature.Findings: Islamic cooperatives have a strategic role in supporting the development of MSMEs, with approaches that are aligned with theories of truth, such as correspondence theory that emphasises conformity with reality, coherence theory that prioritises consistency in value systems, pragmatism theory that focuses on practical benefits, and performative theory that assesses the effectiveness of actions in achieving goals. The low level of Islamic financial literacy among MSME players, which often hinders their understanding of the benefits of Islamic financing. In addition, intense business competition in the market is also a significant obstacle that requires a special strategy. By overcoming these obstacles, Islamic cooperatives can further strengthen their function as a key pillar in supporting the sustainable growth of MSMEs.Paper Type: Research Article
Co-Authors Acim Acim Aden Rosadi Ahmad Fathonih, Ahmad Ahmad Lukman Nugraha ahmad yani Ajid Thohir Akhmadi, Nurman Anton Athoilah, Mohamad asnan purba Asri Sundari Asrofi Astiti, Ni Nyoman Adi Athoillah, Mohamad Anton Azmi, Nofan Nurkhafid Azzahra, Shalsabila Azzahro, Naufi Fajria Baehaqi Bainon, Masalan Bubun Bunyamin Burhanuddin Camila, Vanisa Candra Boy Seroza Dede Kania Devika Rosa guspita Dwi Widiastuti, Dwi Dzikrayah, Fithri Eko Budiono Ending Solehudin Ezzerouali, Souad Fariz, Luthfi Ahmad Fatahillah, Ikhwan Aulia Fauzan Ali Rasyid Gugun Sodik Hadiat Hakim, Atang Abdul Hasan Bisri Hurun'in, Siti Zayyini I Nurol Aen Ian Rakhamawan Suherli Idzam Fautanu Ihrom Jaelani Irfan Safrudin Jamaludin, Jujun Jefry Tarantang Juarsa, Eka Kamaludin Yusup , Deni Kamaludin Yusup, Deni Khaeruman, Badri Khosi’ah, Siah Khosi’ah, Siah Khosyi’ah, Siah Koidin Kurnia, Kiki Kusuma, Nurul Rahmah Lina Pusvisasari Madani, Farid Moh. Asep Zakariya Ansori Moh. Najib Muhamad Abdul Kholik Muhammad Al Qarni Muhammad Hasanuddin, Muhammad Muhammad Hishnul Islam Muhammad Husni Abdulah Pakarti Muhammad Zaky Muharni, Yusraini Mujiburohman, Mujiburohman Mukhlas, Oyo Sunaryo Mulyaden, Asep Mustofa Mustofa Najamudin Najamudin Najib, Moh. Nanang Sobarna Nasrulloh, Agus Ahmad Naufi Fajria Azzahro Nurhikmah, Aulia Nurrahmi S., Anti Nurrohman Nurrohman Syarif, Nurrohman Nurul Rahmah Kusuma Nurwijayanti Priyatno, Prima Dwi Qarni, Muhammad Al Rahmat, Asep Rahmi Widia Aliani Abubakar Ramdani Wahyu Sururie Ridwan , Achmad Ritonga, Bakti Riyani, Irma Rollis, Rollis Rumatiga, Hidayat Saepullah, Usep Sahrul Hanafi Salsabila, Salsabila Santika, Ganjar Seroza, Candra Boy Setia Mulyawan, Setia Setiadi Setiadi Sofyan Al-Hakim Sohifah, Sohifah Solehuddin, Ending Solihin, Dadin Soni Zakaria Sri Suharti Suherli, Ian Rakhamawan Suherli, Ian Rakhmawan Sulaeman Sundari, Asri Suntana, Ija Suryawirawan, Ade Sutira, Andri Wahyu Akbar Yadi Janwari Yeni Hendriyani Zulbaidah