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All Journal Jurnal Indonesia Sosial Teknologi Jurnal Indonesia Sosial Sains
Binarsa, Binarsa
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Legal Legality of Pregnant Marriage in Indonesia Study on the Application of Khi Article 53 in Mlati District Prospective Fatwa Abno Taymiyah Binarsa, Binarsa
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 5 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i5.1078

Abstract

Formulating the Compilation of Islamic Law is inseparable from the growth and development of Islamic law and the institution of the Religious Courts before and after the Indonesian people proclaimed their independence on August 17, 1945. So the Indonesian people who are Muslim, The Religious Courts, the Ulama, and all components related to the determination of KHI agree that the compilation of Islamic Law is Islamic law, which is the source of law to solve the problem of pregnant marriage in Indonesia. However, in the day-to-day application of this decree, an interesting problem occurred, which was partly that the Mlati community did tajwid al-Nikah. A question! Why did they remarry? They answered that because they considered the marriage they were having at KUA, there were doubts, and they were not legal. "This event is repeated, so that if accumulated since 2017-2019 in the District of Mlati, as much as 75 percent of those who do tajdii du al-Nikah. Based on this background, the research question is: How is the application of KHI in article 53 in community life in the district of Mlati perspective in Ibnu Taimiyyah review, and what references are used to compile compilation of Islamic Law? The theoretical framework used is the theory of legal effectiveness, the view of mazhab-maz hab Islam, including al-Hanafiyyah, al-Malikiyyah, al-Syafi'iyyah, al-Hanbaliyyah, and mazhab al-Zahiriyyah and Ibnu Taimiyyah's though. The research methodology is library research. The nature of this dissertation research is descriptive research and verification research. This research approach uses a philosophical approach, a historical approach, and a normative approach. The conclusions are: The application of pregnant marriage in the sub-district of Mlati Sleman from the perspective of Ibnu Taimiyyah's fatwa is invalid, and are 13 books used to compile the compilation of Islamic law.
Implementation of Islamic Spiritual Charge for Hospital Patients Dr. Sardjito Yogyakarta: Review of Islamic Law Binarsa, Binarsa
Jurnal Indonesia Sosial Sains Vol. 5 No. 06 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i06.1140

Abstract

In order to cause a sense of calm and comfort in the hearts of patients, spiritual compensation activities are held. The spiritual field of Dr. Sardjito Hospital coordinates this activity. Spirituality is a religious institution at Dr. Sardjito Hospital, which handles spiritual compensation activities for patients and care for corpses. However, in the implementation, especially the care of the corpse, there has been an error or violation of shari'a or Islamic law in carrying out the care of the corpse, namely, the body of the daughter bathed by a man who is not her mahram without the cause of shari'a / Islamic law that allows.  The purpose of the research is to find out what mistakes and factors cause violations of Islamic law, to find out what solutions to avoid violations of shari'a or Islamic law, and to find out the implementation of spiritual compensation at Dr. Sardjito Hospital: Review of Islamic Law. The author uses field and library research methods to complete the abovementioned research objectives. Sampling techniques are Observation, Interview, and Questionnaire. The samples are the Director of RSUP, Dr. Sardjito Yogyakarta, the Clergy Coach, the Head of the Nursing Division, the Head of Forensic Medicine Installation, the Clergy Coordinator, the Clergy Officer, the Forensic Medicine Installation Officer and Patients treated, and the data analysis method is quantitative analysis. The results are a form of mistakes: officers and families do not know Islamic law, forced / emergency, motivation to make money, and factors: No cooperation between mortuary office workers and spirituality, No training in corpse care, No supervision from superiors. The solutions are Coaching and care for corpses, increased cooperation, and good supervision. Clear pro tabs and sanctions. The conclusion is the implementation of spiritual compensation to patients in the hospital. Dr. Sardjito: Review of Islamic Law is in accordance with the Shari'a.
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