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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-Tahrir: Jurnal Pemikiran Islam FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Akta SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Edukasi Islami: Jurnal Pendidikan Islam Journal of Humanities and Social Studies Pena Justisia: Media Komunikasi dan Kajian Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Akademika : Jurnal Pemikiran Islam Al-Istinbath: Jurnal Hukum Islam Jurnal Penelitian Pendidikan Indonesia SASI Madania: Jurnal Kajian Keislaman
Pagar, Pagar
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Family Resilience of Jama'ah Tabligh: Implementation Study of the Dimensions of Legality, Household Wholeness and Gender Partnerships Siddik, Ibnu Radwan; Pagar, Pagar; Tanjung, Dhiauddin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.20544

Abstract

In recent times, family resilience discourse has become a serious concern of the government, members of parliament and observers of Islamic family law in Indonesia. The higher the rate of divorce that occurs in the community, is a form of weak and fragile family defense joints. This paper will examine the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership. Then, this paper will also elaborate on the influence of Jama'ah Tabligh activities in the formation of family resilience among Jama'ah. This research is empirical juridical research using the approach of legal sociology and legal anthropology. Research data is analyzed using qualitative methods. Primary data sources are obtained from in-depth interview results from selected respondents using the snowball method. The results showed that the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership was well implemented and indicated strong and resilient family resilience. This is evidenced by the high percentage of family fulfillment of respondents in the ownership of marriage certificates, child birth certificates, togetherness in the family, spousal partnerships, financial management openness and family decision-making. Jama'ah Tabligh activities greatly affect the formation of family resilience along with the stronger family members in practicing religious values both personally and together. The results of this study can be a consideration for national policy holders in realizing family resilience nationally.
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)
Telaah kritis upaya peninjauan kembali dalam perkara perceraian di peradilan agama perspektif mashlahat al-mursalah Misran, Misran; Tanjung, Dhiauddin; Pagar, Pagar
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 2 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020242610

Abstract

This paper aims to analyze the impact and legal consequences of extraordinary legal efforts for judicial review in the religious courts of divorce cases from the perspective of mashlahat al-mursalah. The method used is normative legal research using multiple approaches including legislation, cases, and a comparative approach with data analysis techniques using descriptive analysis methods. The conclusion of this study shows that legal remedies for judicial review of divorce cases that have permanent legal force (inkracht van gewijsde) create new problems (mafsadat) in society, so for the sake of legal certainty, it is better if legal remedies taken against divorce cases are sufficient to the level of appeal. or just appeal. The Compilation of Islamic Law (KHI) has a strategic position to regulate the provisions of the procedural law, considering that the position of KHI so far has not only played a role in regulating material law, it also regulates formal law against Muslim divorces in Indonesia.
The North Sumatra MUI’s Fatwas on Zakat: Analysis of Fatwa Methods and the Influence of School Thought Firmansyah, Heri; Pagar, Pagar; Amar Adly, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (751.603 KB) | DOI: 10.29240/jhi.v7i2.4552

Abstract

This paper examines the methodology of the North Sumatran MUI fatwas, especially those are relating to the influence of schools on the North Sumatran MUI fatwas related to the issue of zakat from 2000-2010. There are 3 samples of fatwas used in this study, namely: first, the fatwa on the law of issuing zakat fitrah with money (qimah) and the amount, second, on the law of paying zakat not to amil and third, the fatwa about zakat on agriculture and plantations. The method used is content analysis. In the study, it was found that from a methodological, the North Sumatra MUI in finding the fatwa law used three theories, namely bayani, ta'lili and istislahi. On the issue of the influence of schools of thought, in the fatwa of the North Sumatran MUI, it was found that the fatwa of the North Sumatran MUI was influenced by various schools of thought and not dominated by a particular school. In this study influenced by the Hanafi, Shafi'i and Hanbali schools. Although the North Sumatran MUI considers the importance of school thought to be taken into consideration, it does not mean that the North Sumatran MUI does not dare to leave the school of thought and issue new laws that come out of the school of thought by using various methods which in this study use the talfiq method.
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.
A STUDY OF ISLAMIC LEGAL PHILOSOPHY OF THE CONCEPT OF COLLECTIVE PROPERTY IN INDONESIA BASED ON CORRECTIVE JUSTICE AND THE ISLAMIC EDUCATION MODEL Harahap, Rifnatul Hasanah; Pagar, Pagar; Syam, Syafruddin
Edukasi Islami: Jurnal Pendidikan Islam Vol. 11 No. 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4175

Abstract

Analysis of the Concept of Joint Assets in the Compilation of Islamic Law reviewed Based on Corrective Justice Values is an Islamic law study that discusses legal issues regarding joint assets. Based on the reality and legal developments that occur in Indonesian society, which is very dynamic, and from several court decisions, it was found that, in general, the panel of judges at the Religious Courts, in deciding cases for claims for the distribution of joint assets, did not depart from these laws and regulations, namely by dividing joint property equally (half share) between husband and wife. This rule causes many problems that occur when practicing the rulings of the religious courts, because not a few people consider that the distribution of joint assets does not fulfill a sense of justice. For this reason, it is necessary to understand in detail the distribution of joint assets based on the inculcation of Islamic values through education. This research model (mode of inquiry) is qualitative. While the approach used is philosophical legal research, In conclusion, this study shows that the distribution of joint assets between ex-husband and ex-wife, based on the value of corrective justice, should be divided according to the amount of effort between the two in obtaining assets during marriage, dividing equally (50:50, Article 97 KHI). is considered that there are times when not fulfilling a sense of justice is necessary when one party has committed an act that is detrimental to the other party (husband or wife) because it does not carry out what has become its obligation in the long term.
A MODEL OF ISLAMIC EDUCATION GUIDANCE ON INHERITED ASSETS INDICATES CONFLICT AMONG HEIRS MS, Anwar; Pagar, Pagar; Nurasiah, Nurasiah
Edukasi Islami: Jurnal Pendidikan Islam Vol. 11 No. 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4246

Abstract

Islamic law has regulated the rules for distributing inheritance to the heirs of the jawil furud in detail and clearly, but the time when it must be carried out and distributed to the heirs is subject to the provisions and provisions of the Syar'i law regarding the time limit that must be carried out so as to maintain the benefit and eliminate harm. The stipulation of a rule governing the timing of Bener Meriah Regent Regulation Number 19 of 2022 has stipulated that 100 days after the death of the heirs must be given the rights of the heirs without any fighting over and controlling each other without the sincerity of the owner of the rights obtained through inheritance. The time-limit provisions can provide benefits to the heirs without any delay in the implementation of the distribution of inheritance. Besides that, the role of Islamic education is to be able to form good character and maintain Islamic values in various aspects of life, including the distribution of inheritance. This refers to the understanding of the legal foundations for the distribution of inherited assets.
Dispensasi Kawin Pascarevisi Undang-Undang Perkawinan di Era Pandemi Perspektif Pendidikan Islam Lubis, Akma Qamariah; Pagar, Pagar; Lubis, Fauziah
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.v12i001.6260

Abstract

Penelitian ini bertujuan untuk mengetahui pertimbangan hukum hakim dalam mengabulkan permohonan dispensasi kawin yang masuk ke Pengadilan Agama, terutama di Era Pandemi Covid 19 yang mana Permohonan dispensasi kawin meningkat secara signifikan sejak akhir tahun 2019 sampai akhir tahun 2022 sekitar 30 % kenaikan setiap tahunnya. Dispensasi Kawin atau keringanan yang diberikan Pengadilan Agama kepada calon mempelai yang belum cukup umur untuk melangsungkan perkawinan diatur dalam pasal 7 ayat (1) Undang-undang No.16 Tahun 2019 Tentang Perkawinan, Perubahan usia minimal 19 tahun pria dan wanita melangsungkan perkawinan menimbulkan ekspektasi yang tinggi dalam rangka meminimalisir pernikahan anak di bawah umur di Indonesia, akan tetapi masih tercantumnya klausul dispensasi kawin  dalam ketentuan Pasal 7 ayat 2 Undang-undang perkawinan memberikan kesan hilangnya ketegasan hukum pemerintah terhadap pengentasan perkawinan dibawah umur. Kemudian dalam ketentuan yang terbaru tidak dicantumkannya mengenai sanksi atau hukuman bagi pasangan yang melangsungkan perkawinan usia muda. perkara dispensasi kawin sangat dilematis dan debatable karena secara simultan perkara tersebut bias nilai, antara kemaslahatan, kemudharatan, dan perilaku masyarakat. penelitian ini menggunakan metode yuridis normatif dengan spesifikasi penelitian prespektif analisis. Penelitian ini sangat penting dibahas karena lebih mengedepankan sebuah teori baru (novelti) mengenai Pendidikan Islam bagi anak bawah umur (the best education of the child) senada juga dengan Slogan “pendidikan untuk  manusia  bukan  manusia untuk  pendidikan” Perspektif Hukum Progresif.
Marlojong Custom Contribution In Marriage Dispensation Case At Panyabungan Religious Court Sebyar, Muhamad Hasan; Pagar, Pagar; Sukiati, Sukiati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2660

Abstract

Judges at Panyabungan Religious Court explored the prevailing values in society by consulting traditional figures, also known as hatobangon. This is a common practice when a marriage is based on marlojong custom. This study aimed to examine the contribution of customary laws in marriage dispensation decision at Panyabungan Religious Court by using the legal approach and the socio-legal approach. The legal approach was used to analyze marriage dispensation verdict at Panyabungan Religious Court. The socio-legal approach was used to analyze the social interactions that occur between the Religious Courts and customary institutions. The results of this study indicated that traditional leaders play an important role in providing legal advice in society. In cases of underage marriages, usually hatobangon (traditional leaders) propose two options; unregistered marriage or marriage dispensation application. In the latter case, hatobangon play their role assisting in the marriage dispensation request. Well-educated or knowledgeable hatobangon typically recommend submitting a request for marriage dispensation to Panyabungan Religious Court. This hatobangon statement letter serves as one of the requirements for the judge’s approval of marriage dispensation request. The contribution of customary laws reflects a manifestation of the prevailing Islamic values in society. Customary laws provide an alternative way to resolve marriage dispensation cases in the society and are used as an evaluation tool in stipulating a court decision. In addition, customary laws aid the public in understanding the inclusion of the Islamic laws in the state laws, such as age limit for marriage.
Religious Moderation in Indonesia: A Study on Implementation Patterns of the Indonesian Ulema Council (MUI) Pagar, Pagar; Akhyar, Syaiful; Tunip, Ibnu Radwan Siddik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.2756

Abstract

As a symbol of ulema which is the main tent of Muslims in Indonesia, the Indonesian Ulema Council (MUI) is certainly expected to be able to implement the concept of religious moderation. This paper aims to examine the implementation of MUI religious moderation in Indonesia. Then, this study also aims to discuss how the pattern of implementation of MUI religious moderation towards Muslims, deviant religious beliefs, non-Muslims, and the government. This is qualitative research with a participatory action research (PAR) approach. Informants involved as subjects and objects in this study were structural scholars, academic scholars, and community scholars in the provinces of DKI Jakarta, North Sumatra, and Aceh. The results of the study indicate that the implementation of MUI religious moderation in Indonesia has been implemented well. MUI is responsive and accommodating to the needs of the community, especially Muslims, and plays a very important role in creating a safe and peaceful atmosphere in the community. However, some people consider that the application of MUI's religious moderation values to groups that are considered deviant (heretic) and non-Muslims has not run optimally. This can be seen with the issuance of the MUI fatwa on the expectation of the existence of pluralism, liberalism, and religious secularism. MUI is expected to further improve the pattern of its relationship with the two community groups. Meanwhile, towards the government, MUI positions itself as a critical partner of the government (syarikatul hukumah). MUI sometimes supports government programs, but it can also disagree with government programs as outlined through MUI fatwas that seem contrary to the interests of the government,such as fatwas against vasectomy and fatwas on the use of meningitis vaccines for pilgrims or umrah.
Co-Authors A Halim Abdul Muthalib Abdullah Abdullah Akhyar, Syaiful Amar Adly, Muhammad Ansari Ansari ARDIANSYAH ARDIANSYAH Aripin, Musa Arrasyid, Fauzan Asmuni Asmuni Harahap, Abd. Rahman Harahap, Arifuddin Muda Harahap, Rifnatul Hasanah Heri Firmansyah Irham, M. Iqbal Khair, Nispul Latip, Muhammad Lubis, Akma Qamariah Lubis, Fauziah M. Yasir Nasution, M. Yasir Matsum, Hasan Mohd Roslan Mohd Nor, Mohd Roslan Mohd MS, Anwar Muhamad Hasan Sebyar Muhammad Zulfadli Nasution Nasution, Adelina Nispul Khoiri Nurasiah Nurasiah Nurhadi Rahmadani, Gema Rahmadany, Rahmadany Ramadhan Syahmedi Siregar Sanif, Muhammad Siddik, Ibnu Radwan Siregar, Dangas Siregar, Fikri Bayu Sukiati Sukiati Syafruddin Syam Syamsiar, Syamsiar Tanjung, Dhiauddin Tunip, Ibnu Radwan Siddik Uwem, Imoh Emmanuel Victoria, Ong Argo Wati, Asrat Nita Watni Marpaung Zuhirsyan, Muhammad Zulham, Zulham Zulkarnain Nasution