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All Journal Kordinat : Jurnal Komunikasi antar Perguruan Tinggi Agama Islam Al Ashriyyah Talimi Tasyri' Adh Dhiya Journal of The Quran and Tafseer Studies
Maksum, Ghufron
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Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Tasyri'

 1 
Regulasi Perwakafan Di Indonesia Dalam Perspektif Statute Approach Chasanah, Kama Mir’atul; Maksum, Ghufron
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.7

Abstract

The potential of waqf in Indonesia, if managed properly, can be the most appropriate instrument to solve social problems, especially in dealing with poverty. Waqf regulation in Indonesia has experienced a long dynamic, starting from pre-independence, post-independence until now. This paper aims to explain waqf regulations in Indonesia from the perspective of the statute approach. This study is included in the category of library research with primary sources in the form of laws and government regulations relating to waqf, while secondary sources in the form of journals, books and others related to the theme of discussion. The data obtained were described and then analyzed. This paper finds that: 1) The emergence of various waqf regulations after Indonesia's independence is full of regulations that are able to balance between Islamic and positive laws that apply in Indonesia. 2) Regulation of waqf in Indonesia started from Law Number 5 of 1960 concerning Agrarian Principles, Presidential Instruction of the Republic of Indonesia Number 1 of 1991 concerning KHI, Law Number 41 of 2004, then Government Regulation Number 42 of 2006. 3) Law Number 41 of 2004, is a new breakthrough in the waqf management system in Indonesia to become productive waqf.
Wasiat Wajibah bagi Ahli Waris Non-Muslim di Indonesia Perspektif Najmuddin At-Thufi Aziz, Abdul; Maksum, Ghufron; Ali Asyari , Nadzif; Huda , Nurul
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.72

Abstract

This article attempts to uncover, explore, and explain that the obligatory will for non-Muslim heirs is a contemporary issue that is not found in the texts of the Qur'an and Hadith. Departing from the dualism of the view that an ikhtiariyah will is a will given voluntarily and an obligatory will, namely a will that is obligatory in accordance with the law, the researcher wants to describe the Compulsory Will for Non-Muslim Heirs in Indonesia Through the Concept of Maslahah Mursalah Najmuddin At-Thufi. The method in this research is included in the category of library research in which the data and data sources of the researchers are obtained from various literatures (books, journals, internet, and other relevant data sources). This research proves that the obligatory will for non-Muslim heirs has a positive and equitable impact on family heirs. In addition to providing a sense of justice, obligatory wills to non-Muslim heirs through Supreme Court decisions have also filled the legal void in Indonesia
Isbat Nikah dalam Legalitas Hukum Islam dan Perdata di Indonesia Perspektif Maslahah Mursalah Aziz, Abdul; Maksum, Ghufron; Nugraha, Iqbal Subhan
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.141

Abstract

Marriage validation is a crucial legal mechanism in Indonesia, especially for marriages that are not officially registered. This study explores marriage validation from the perspective of Maslahah mursalah, a principle in Islamic law emphasizing public interest and welfare. Maslahah mursalah serves to bridge legal gaps when the texts of Sharia law do not explicitly address specific situations, such as marriages that are religiously valid but unregistered. Within the framework of Indonesian civil law, marriage validation, which involves submitting a petition to the religious court, enables the formal recognition of marriages to ensure the protection of family rights, such as inheritance and alimony. The application of maslahah mursalah in marriage validation contributes to social justice by providing decisions that consider practical community needs and contemporary conditions. This research demonstrates how this principle can be integrated into positive law to address new challenges in family law enforcement, ensuring that legal decisions align with principles of justice and public welfare. Thus, marriage validation from the perspective of maslahah mursalah acts as a bridge between Sharia law and the realities of civil law in Indonesia.
Co-Authors Abdul Aziz AFIYAH, NUR Ali Asyari , Nadzif Alwasi, Naila Magfira Apudin, Apudin bt Abdul Rahman, Waheeda Chasanah, Kama Mir’atul Huda , Nurul Mutakin, Ali Nugraha, Iqbal Subhan Parhan, Parhan