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All Journal Maslahah : Jurnal Hukum Islam dan Perbankan Syariah Jurnal Bakti Bagi Bangsa Jurnal Hukum Islam dan Hukum Keluarga
Amin Ash Shabah, Musyaffa
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Perkawinan Sebagai HAM Amin Ash Shabah, Musyaffa
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 11 No 2 (2020): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v11i2.2623

Abstract

This study analyzes same-sex marriage and interfaith marriage in the perspective of HumanRights and Islamic Law. This research is a library research using the juridical-normative approachand descriptive analysis data. The results of the study show that same-sex marriage by nature hasagainst the nature of human life that is born to establish mental and biological bonds between theopposite sex, namely between men and women. The Positive Legal Review emphasizes that in theMarriage Law, it is stated that marriage is a physical and spiritual bond between a man and a womanto form a family or household and to carry on offspring and aim at upholding religious teachingsand carrying out customs. On the other hand, Islamic religious law also explicitly prohibits same-sexmarriage. As for the relation to interfaith marriage, if it is legalized, it is a violation of the constitution.Article 29 of the 1945 Constitution states that the State is based on the One Godhead (paragraph 1).The state guarantees the freedom of every resident to embrace his own religion and worship accordingto his religion and belief (verse 2). This article clearly states that the State guarantees every citizento practice his religious teachings. One form of freedom of religious worship is manifested in theimplementation of marriage. Religion regulates the procedures for marriage, including what is allowedand not done. Six religions recognized in Indonesia reject interfaith marriage. The legalization ofinterfaith marriage means that the government does not respect the prevailing rules in religion.
ANALISIS PERLINDUNGAN HUKUM ISLAM TERHADAP PEMBERIAN MAHAR PERNIKAHAN BERUPA SAHAM Fadlillah, Ihsan; Amin Ash Shabah, Musyaffa; Wastoni, Oni
MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) Vol 15 No 1 (2024): Maslahah : Jurnal Hukum Islam dan Perbankan Syariah
Publisher : Program Studi Ahwal al-Syakhshiyyah dan Perbankan Syariah Fakultas Agama Islam Universitas Islam "45" Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/maslahah.v15i1.9753

Abstract

Dowry is an essential aspect of marriage. Scholars agree that while there is no fixed amount for a dowry, it must be beneficial and valuable, reflecting sincerity and affection. This study is normative research using descriptive-analytical data analysis. It explains that dowry in the form of shares is permissible in Islam as long as it does not harm anyone, is agreed upon by both parties and benefits the wife. The shares given must have clear contracts and be within the realm of Sharia-compliant business, even though they cannot be physically displayed, and there must be original proof of ownership of the shares. Legal protection regarding shares is based on the DSN MUI fatwa No. 40 of 2003 article 2, which states: Article 2 (a) The capital market and all its mechanisms, particularly concerning issuers, types of securities traded, and trading mechanisms, are considered compliant with Sharia principles if they fulfil Sharia principles. (b) All securities comply with Sharia principles if they have obtained a Sharia compliance statement.
EDUKASI PENGAMBILAN KEPUTUSAN DAN PENGEMBANGAN ORGANISASI KARANG TARUNA DESA CILANGKARA Rahman, Daffi; Amin Ash Shabah, Musyaffa; Rahmawati, Rafika
An-Nizam Vol 3 No 1 (2024): An Nizam : Jurnal Bakti Bagi Bangsa
Publisher : Universitas Islam 45 Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/an-nizam.v3i1.8702

Abstract

Youth organisations are expected to play a strategic role in creating a prosperous social environment. However, along with changes in social, economic, and cultural dynamics, an in-depth understanding of the extent of the role of youth organizations in efforts to improve community welfare and play an active role in the surrounding environment in carrying out organisational activities and in the community in building together the progress of Cilangkara Village, Serang Baru Subdistrict, Bekasi Regency and improving community welfare refers to systematic efforts to improve the living conditions and living standards of a community. In addition, welfare improvement also includes social aspects, such as community participation in decision-making, women's empowerment, and environmental sustainability. It is a holistic effort, involving collaboration between the government, social institutions and the community itself to create favourable conditions and improve the overall quality of life. This service uses the method of educational socialisation in decision-making. The results of the service show a positive and effective impact that can both help and broaden the insights of the administrators and cadres of the cilangkara village youth group on how to make decisions and can increase solidarity and a sense of caring from each division or structural and can lead to new innovations and creativity that can develop the youth group organisation.
INSTALASI PENERANGAN JALAN UMUM BERBASIS SOLAR CELL DAN PHOTOCELL DI DESA CILANGKARA KABUPATEN BEKASI Ramadhan, Dickyansyah; Amin Ash Shabah, Musyaffa; Rahmawati, Rafika
An-Nizam Vol 3 No 1 (2024): An Nizam : Jurnal Bakti Bagi Bangsa
Publisher : Universitas Islam 45 Bekasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/an-nizam.v3i1.9682

Abstract

Improving the quality of life in urban areas requires efficient and sustainable infrastructure, especially in the provision of Public Street Lighting (PJU). Cilangkara Village, Bekasi Regency, faces challenges in providing adequate lighting, encouraging the Independent Work Program to implement solar cell and photocell based PJU installations. This technology offers an innovative and sustainable solution, utilizing solar energy through solar cells and automatic photocell regulators. The project implementation method includes community education with outreach on PJU care and maintenance. Science and technology substitution involves solar cell-based PJU technology as an efficient solution with the advantages of energy efficiency, reduced carbon emissions and energy independence. The activity will take place in February 2024, with a focus on installation in Cilangkara Village. The results of the activity include community understanding of the benefits and maintenance of PJUs, as well as the implementation of solar cell-based technology. The conclusion states that this project can provide a positive and sustainable impact, empowering communities and creating efficient infrastructure.
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM PADA PERKARA HARTA BERSAMA AKIBAT PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN (PERKARA NOMOR 1726/PDT.G/2020/PA.BKS.) Alivia, Siti; Suprihatin, Suprihatin; Amin Ash Shabah, Musyaffa; Supriyanto, Agus
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i1.4716

Abstract

The phenomenon of joint property disputes resulting from divorce occurred in the decision of the Bekasi Religious Court judge in case number 1726/Pdt.G/2020/PA.Bks, in this decision the panel of judges divided joint property outside the provisions stipulated by Article 97 of the Compilation of Islamic Law, where in the decision The division is 1/3 for the Plaintiff (ex-husband) and 2/3 for the Defendant (ex-wife). So this research aims to find out the legal basis for the judge's council's considerations in deciding cases and find out the relevance of decision number 1726/Pdt.G/2020/PA.Bks to the Compilation of Islamic Law and the Marriage Law. This research uses a qualitative research method, namely a descriptive analysis research method with a normative juridical research approach at the level of a statutory approach and a judge's decision approach. And decision number 1726/Pdt.G/2020/PA.Bks as the primary data source used in this research. The results of this research show that the panel of judges decided on the division of joint assets in the amount of 1/3 for the Plaintiff and 2/3 for the Defendant.  The division was carried out by the panel of judges based on considerations and several pieces of evidence which showed that the Defendant (ex-wife) contributed more to the collection of joint assets from the results of his work, while the Plaintiff (ex-husband) admitted that his income was indeed small. The panel of judges did not use article 97 of the Compilation of Islamic Law in its decision which states that the distribution of joint assets is ½ for each party, the ex-husband and ex-wife. In this case the judge deemed it fair to determine the division of joint assets with 1/3 share for the Plaintiff (ex-husband) and 2/3 share for the Defendant (ex-wife). This judge's decision is in accordance with Satjipto Raharjo's progressive legal theory.
Co-Authors Agus Supriyanto Alivia, Siti Fadlillah, Ihsan Rafika Rahmawati Rahman, Daffi Ramadhan, Dickyansyah Suprihatin Suprihatin Wastoni, Oni