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All Journal Jurnal Asy-Syari'ah Kosmik Hukum VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan Al-Muamalat : Jurnal Ekonomi Syariah Jurnal Hukum Islam
Fatoni, Siti Nur
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ABU YUSUF’S ECONOMIC THOUGHT: PRINCIPLES, METHODOLOGIES, AND RELEVANCE TO MODERN ISLAMIC ECONOMICS Fatoni, Siti Nur
Al-Muamalat: Jurnal Ekonomi Syariah Vol 8, No 2 (2021): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v8i2.44126

Abstract

This study investigates Abu Yusuf’s economic thought, the prevailing views among scholars during his era, and the relevance of these ideas in modern economic contexts. The focus is on understanding the structure and characteristics of his economic concepts, the methodologies employed to address economic challenges, and their applicability to current developments. Grounded in an economic school of thought that integrates Islamic principles into economic life, the study highlights the combination of moral values, economic theory, and historical perspectives. Islamic economics is described as a framework of principles derived from the Qur'an and Sunnah, adaptable to the needs of specific periods and contexts. A historical-descriptive method is employed to analyze contributions to Islamic economics without internal critique. The central discussion addresses systemic issues affecting lower-income groups, such as economic disparities and unequal wealth distribution. Proposed solutions emphasize reducing burdens on marginalized groups and narrowing economic gaps. The analysis underscores the role of state institutions as mechanisms for enabling effective economic interventions, fostering equity, and promoting inclusivity. These perspectives offer insights for addressing modern economic challenges and integrating ethical and equitable principles into economic systems.
Protecting Children's Rights in Marriage Dispensation Cases: Evidence from Religious Courts in Indonesia Kania, Dede; Fatoni, Siti Nur
Asy-Syari'ah Vol 25, No 2 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i2.43846

Abstract

Abstract: The protection of children's rights is essential to ensure their well-being and development. In Indonesia, Law No. 16 of 2019 raised the minimum marriage age to 19 years, yet marriage dispensation remains an option for underage marriage in exceptional circumstances. This research examines trends in marriage dispensation cases in West Java and their implications for children's rights. The study employs an empirical, philosophical, sociological, and historical juridical approach, analyzing decisions from ten religious courts between 2019 and 2021. Findings reveal a significant increase in marriage dispensation cases after the law's enactment, driven by fears of moral transgressions (87%) and pre-marital pregnancies (8%). Despite legal provisions, 99% of applications were granted, often prioritizing cultural and religious norms over the principle of the child's best interests. This study highlights the need for strengthened judicial oversight and community engagement to align legal practices with protecting children's rights. The findings call for more robust preventive measures and an evaluation of the dispensation process to ensure compliance with the rights-based framework.
Marriage Dispensation Post The Decision Of The Constitutional Court No. 22/PUU-XV/2017 Dede; Fatoni, Siti Nur; Kusmayanti, Hazar; Afriansyah, Mochammad Rizky
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3491

Abstract

Underage marriage in Indonesia especially in West Java has increased significantly, reported from the underage marriage research in 2016 West Java has the second highest rate of 15-18 years old teenage marriages with the percentage of 50.2%. Around the year of 2016-2019, The Religious Courts of Indramayu received 1,235 cases of marriage dispensation that it was recorded as The Religious High Court to handle the highest number of marriage dispensation cases in West Java. The purpose of this research is to discover the aspects that affects the high number of marriage dispensation cases, roles of the panel of judges tightening the marriage dispensation procedures, and the effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to the Resolution of Marriage Dispensation in The Religious Court of Indramayu in 2016-2019. This research uses the Normative Juridical method. Results of this research first, aspects that affects the high number of marriage dispensation that is as a result of promiscuity, the lack of basic religious education, internet, cultural, and economical influence, low education grade. Secondly, the role of The Religious Court of Indramayu’s Panel of Judges tightening the marriage dispensation procedures focused on the reasons, so that the validity of the background be known and to keep checking the legality of the income and pregnancy certificate. Thirdly, effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to marriage dispensations in The Religious Court of Indramayu in 2016-2019 that the effect is not optimal. Therefore, it is concluded that The Decision of The Constitutional Court No. 22/PUU-XV-2017 cannot be implemented effectively.
Protecting Children's Rights in Marriage Dispensation Cases: Evidence from Religious Courts in Indonesia Kania, Dede; Fatoni, Siti Nur
Asy-Syari'ah Vol. 25 No. 2 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i2.43846

Abstract

Abstract: The protection of children's rights is essential to ensure their well-being and development. In Indonesia, Law No. 16 of 2019 raised the minimum marriage age to 19 years, yet marriage dispensation remains an option for underage marriage in exceptional circumstances. This research examines trends in marriage dispensation cases in West Java and their implications for children's rights. The study employs an empirical, philosophical, sociological, and historical juridical approach, analyzing decisions from ten religious courts between 2019 and 2021. Findings reveal a significant increase in marriage dispensation cases after the law's enactment, driven by fears of moral transgressions (87%) and pre-marital pregnancies (8%). Despite legal provisions, 99% of applications were granted, often prioritizing cultural and religious norms over the principle of the child's best interests. This study highlights the need for strengthened judicial oversight and community engagement to align legal practices with protecting children's rights. The findings call for more robust preventive measures and an evaluation of the dispensation process to ensure compliance with the rights-based framework.
Gender Equality Implementation in Women’s Legal Cases in Religious Courts Kania, Dede; Fatoni, Siti Nur; Kusmayanti, Hazar; Rahmanillah, Vienka
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25472

Abstract

This article analyses the implementation of the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Trial of Cases Involving Women Facing Legal Challenges (which is then written as SC Reg. 3/2017) in Religious Affairs Courts. This regulation provides a guideline and serves as a reference point for judges which helps them to better understand and implement the principles of gender equality and non-discrimination in hearing and trying a case involving women. This study employs juridical-empirical approach method and purposive sampling as the data collection technique in interviewing several judges at multiple religious affairs courts in Java Island, as well as in literature review. The result of this study shows that judges at religious affairs courts have adopted Supreme Court Regulation Number 3 of 2017 (hereinafter, SC Reg. 3/2017), although in their practices, even after four years since the enactment, there still isn’t any consensus or shared views amongst judges in implementing matters such as post-divorce women’s rights, especially regarding verstek (in absentia) judgment. However, several religious affairs court judges have shown a good understanding of equality between men and women, indicated by judgments that favours women. Religious court judges in their ex officio capacity may grant rights to divorced wives, even if they are not requested.
PERNIKAHAN BEDA AGAMA MENURUT TOKOH LINTAS AGAMA DI KOTA BANDUNG Fatoni, Siti Nur; Rusliana, Iu
VARIA HUKUM Vol. 1 No. 1 (2019): VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan
Publisher : Ilmu Hukum, Sharia and Law Faculty, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/vh.v1i1.5139

Abstract

AbstrakPenelitian ini bertujuan untuk menemukan pandangan para agamawan lintas agama di Kota Bandung terkait dengan fenomena pernikahan beda agama. Menggunakan metode studi kasus, penelitian ini diarahkan ke para agamawan baik Islam, Katolik, Protestan, Hindu dan Budha. Observasi, wawancara mendalam dan Focus Group Discussion (FGD) dipergunakan untuk mengumpulkan data. Para agamawan mengakui fakta sosiologis tentang nikah beda agama, hanya saja mereka berusaha sekuat tenaga untuk membina umatnya agar tidak melakukan pernikahan beda agama karena akan menyulitkan secara teologis.
PENYELESAIAN PEMBIAYAAN BERMASALAH PADA PEMBIAYAAN MURABAHAH DENGAN TANGGUNGRENTENG DI BTPN SYARI’AH KCP CIKAMPEK Kurnilawati, Iis Dewi; Fatoni, Siti Nur
Al-Muamalat: Jurnal Ekonomi Syariah Vol. 6 No. 1 (2019): January
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v6i1.9636

Abstract

ABSTRACTMurabahah financing agreement conducted by the National Pension Savings Bank of sharia Cikampek auxiliary Branch Office is murabahah financing for the purchase of business capital of a group of rural women who want to expand their business. Over time there are some among the customers who do not meet the achievements by not installing on time and even experiencing a payment jam. To solve the financing problems, the bank implements a joint responsibility system or financing in groups. The purpose of this study is to know (1) the implementation of murabahah financing with joint responsibility in the National Pension Savings Bank of sharia Cikampek auxiliary Branch Office, (2) the settlement of problem financing in murabahah financing with the joint liability of the National Pension Savings Bank of sharia Cikampek auxiliary Branch Office, (3) the relevance of the settlement of non-performing financing on murabahah financing with joint liability at the National Pension Savings Bank of sharia Cikampek auxiliary Branch Office with muamalah fiqalah. Murabahah financing with joint responsibility is financing conducted in groups, this financing provides convenience to customers who want to expand their business but he does not have access to the bank. In this financing the customer does not have to provide an assurance of the object because the collateral used is a guarantee of self or trust between the bank and the customer. The method used is descriptive method of applying, describing, and describing the implementation of joint responsibility at murabahah financing in the National Pension Savings Bank of sharia Cikampek auxiliary Branch Office. The data collection techniques through interviews to the bank and its customers. Observation by way of observation directly to the field. The study of literature in the form of books made into literature in this study, as well as data sources obtained from various references in the form of notes, papers, dissertations and others related to the object under study. Based on the results of the research, it is found that in the implementation of murabahah financing with joint responsibility there are several stages: (1) financing proposal, (2) basic training of membership, (3) financing contract, (4) group savings, (5) Groups and group leaders. The problematic financing settlement is done by prevention of problem financing and when problematic financing still occurs, the settlement will be used using the joint responsibility system, customer savings fund, family approach, and rescheduling policy. Settlement of problem financing conducted by the National Pension Savings Bank of sharia Cikampek auxiliary Branch Office Assistant in murabahah financing with joint responsibility is not yet relevant to muamalah fikih for violating the principle of jurisprudence muamalah namely the principle of an ta 'ra din.
ANALISIS HUKUM EKONOMI SYARIAH TERHADAP PERAN BANK ADMINISTRATOR RDN (REKENING DANA NASABAH) KONVENSIONAL DI PT. INDOPREMIER SEKURITAS Nurhayati, Fiska; Hasanuddin, Muhammad; Fatoni, Siti Nur
Al-Muamalat: Jurnal Ekonomi Syariah Vol. 7 No. 1 (2020): January
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v7i1.10856

Abstract

RDN Bank Administrators are investors' deposit funds, at this time in Indonesia there have been three RDN Sharia Bank Administrators. This research is motivated by regulations regarding the prohibition of using Ribawi financial services in investments in the Islamic capital market. All instruments and mechanisms in the Islamic capital market must be in accordance with Islamic principles. There are Securities Companies that use conventional RDN Administaror Banks in sharia securities sale and purchase transactions. Securities companies that provide SOTS (Sharia Online Trading System) facilities should have all the processes adjusted to the provisions issued by the regulator. This study aims to determine the legal position of conventional RDN (Customer Fund Account) storage according to Sharia Economic Law in Indonesia. The method used in this research is juridical-normative. Based on the results of the study, it can be concluded that the activities of Islamic capital market investment in PT. Indo Premier Sekuritas has used SOTS (Sharia Online Trading System) as well as in its mechanism PT.Indo Premier Sekuritas has separated from non-halal effects. However, it becomes an obstacle when investors move their securities accounts from regular to SOTS, RDN banks that are used continue to use conventional. The legal status of depositing Conventional RDN (Customer Fund Account) according to the juridical aspects of Sharia Economic Law is not in accordance with sharia principles in the capital market, and has violated POJK No. 15 of 2015 Article 2 Paragraph 1 concerning Application of Sharia Principles in the Capital Market.
ABU YUSUF'S ECONOMIC THOUGHT: PRINCIPLES, METHODOLOGIES, AND RELEVANCE TO MODERN ISLAMIC ECONOMICS Fatoni, Siti Nur
Al-Muamalat: Jurnal Ekonomi Syariah Vol. 8 No. 2 (2021): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v8i2.44126

Abstract

This study investigates Abu Yusuf's economic thought, the prevailing views among scholars during his era, and the relevance of these ideas in modern economic contexts. The focus is on understanding the structure and characteristics of his economic concepts, the methodologies employed to address economic challenges, and their applicability to current developments. Grounded in an economic school of thought that integrates Islamic principles into economic life, the study highlights the combination of moral values, economic theory, and historical perspectives. Islamic economics is described as a framework of principles derived from the Qur'an and Sunnah, adaptable to the needs of specific periods and contexts. A historical-descriptive method is employed to analyze contributions to Islamic economics without internal critique. The central discussion addresses systemic issues affecting lower-income groups, such as economic disparities and unequal wealth distribution. Proposed solutions emphasize reducing burdens on marginalized groups and narrowing economic gaps. The analysis underscores the role of state institutions as mechanisms for enabling effective economic interventions, fostering equity, and promoting inclusivity. These perspectives offer insights for addressing modern economic challenges and integrating ethical and equitable principles into economic systems.
Co-Authors Afriansyah, Mochammad Rizky Dede Dede Kania Hazar Kusmayanti, Hazar Kurnilawati, Iis Dewi Muhammad Hasanuddin, Muhammad Nurhayati, Fiska Rahmanillah, Vienka Rusliana, Iu