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PERGESERAN NILAI ADAT DAN BUDAYA DALAM PERKAWINAN MASYARAKAT GORONTALO DI MASA PANDEMI COVID-19 Jibu, Supriyanto Agus; Kustiawan, Muhamad Taufik
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.129-154

Abstract

This research was conducted to find out for how the shifting of marriage customs values ​​that occurred in Gorontalo during the Covid-19 Pandemic. This research will provides an information on the factors causing the shift in the tradition of traditional marriage values ​​in Gorontalo. This research uses qualitative methods and uses data collection techniques carried out by observation and interviews. The results of this study can be concluded that the marriage customs during the Covid-19 Pandemic that occurred in the Gorontalo community experienced a shift, time and form of presentation. This is also due to modernization which presents a new transformation in the implementation of traditional marriage in Gorontalo. Apart from the factor of the Covid-19 which affects changes in traditional customs and culture, there are also other causes, such as; economic factors, the factors of progress contaminated by art, new cultures, and the dynamics of interpretation of religious understanding.
ISLAMIC LEADERSHIP CONTESTATION: EXPLORING THE PRACTICES OF CONSERVATIVE ISLAMIC MOVEMENTS IN INDONESIA Kustiawan, Muhamad Taufik; Rasidin, Mhd.; Witro, Doli; Busni, Darti; Jalaluddin, Mufti Labib
Islam Futura Vol 23, No 2 (2023): Jurnal Ilmiah Islam Futura
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jiif.v23i2.14938

Abstract

This paper describes the political contestation in the election of leaders that has occurred in the last five years in Indonesia. Since the reformation era, conservative Islamic movements have gained wide freedom to spread Islamic political ideology such as the idea of upholding Islamic law. This was clearly seen in the 2017 Jakarta Gubernatorial Election and 2019 Presidential Election, where the conservative Islamic movement voiced practical political aspirations by involving the role of religion. The case that happened to Basuki Tjahaja Purnama (Ahok) who was suspected of committing blasphemy at the end of 2016, turned into a protest movement that held “Aksi Bela Islam I, II, III” (Action for Defending Islam I, II, III) which was able to mobilize all elements of religious organizations in Indonesia. This movement is also supported by the role of social media which adds to the massive Islamic populism movement to promote the enforcement of Islamic law through the political stage. This is a qualitative research that prioritizes bibliographic sources. The results of this study indicate that the voices of Muslims who are involved in the “Action to Defend Islam” add to the success of the conservatism process which has a dichotomy of political interests to realize religious authoritarianism by using the Qur’anic verses. However, this study also explains the characteristics of the attitudes of leaders in the history of Islamic civilization who uphold egalitarianism that does not conflict with the democratic system because the responsibility of a leader is to create prosperity and justice for all mankind.
Contemporary Ijtihad Deconstruction in The Supreme Court: Wasiat Wajibah as An Alternative for Non-Muslim Heirs in Indonesia Setyawan, Rahmad; Witro, Doli; Busni, Darti; Kustiawan, Muhamad Taufik; Syahbani, Fatimatuz Zahro Mulia
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2968

Abstract

This research aims to critically analyze and deconstruct the rules and theoretical rules of ijtihad and its implementation in resolving contemporary Islamic inheritance law issues that develop in the Supreme Court. The focus of this research is on the wasiat wajibah (compulsory testament) as an alternative for non-Muslim heirs. This field research uses a descriptive-analytical method to explain the conception of ijtihad comprehensively. The primary data for this research came from interviews and observations. Interviews were conducted with several Religious Court Judges and Religious High Court Judges. Meanwhile, observation was conducted in several religious courts and high religious courts. Secondary data came from library data such as Supreme Court decisions on compulsory testaments for non-Muslim heirs. In addition, this library data is also supported by classical books (yellow book), scientific articles, internet websites, etc., related to the research topic. In several of its decisions, this study found that the Supreme Court has carried out modern ijtihad in Islamic inheritance law by providing an alternative law in the form of a compulsory testament for non-Muslim heirs to enjoy the inheritance of Muslim heirs. This alternative law is a product of the ijtihad of judges through the renewal of ijtihad methodology in the context of legal discovery (rechtvinding), which aims to distribute a sense of justice to parties prevented from getting inherited property.  The birth of several Supreme Court decisions, such as decisions number 16 K/AG/2010, 218 K/AG/2016, and 331 K/AG/2018, which provide legal alternatives in the form of compulsory testaments for non-Muslim heirs, is a historical necessity that must be interpreted positively for the sake of future history.
Considering Death Penalty for Corruptors in Law on Corruption Eradication from the Perspective of Maqāṣid al-Syarī‘ah Asa’ari, Asa’ari; Ahmad, Jafar; Zufriani, Zufriani; Witro, Doli; Kustiawan, Muhamad Taufik
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.14944

Abstract

The implementation of the death penalty for corruptors has never been decided by any judges throughout the history of law enforcement in Indonesia. However, Law No. 31 of 1999 jo Law No. 20 of 2001 on Corruption Eradication has established the criteria or conditions for a corruptor to be sentenced to death. This was an empirical legal study which was conducted by library research. This article examines judge decisions by a descriptive analysis. The theory used in this research was maqāṣid al-syarī‘ah. The paradigm was used to determine the dynamics of Islamic law in analysing the death penalty for corruptors. This study was based on the Social Assistance (Bansos) corruption committed by former Minister of Social Affairs, Julia Peter Batubara, during the Covid-19 pandemic. The corruption was committed by Julia Peter Batubara when there was an epidemics and national economic crisis. This study found that the death penalty for corruptors is affected by political power, allowing corrupt officials to escape the death penalty.
Contemporary Ijtihad Deconstruction in The Supreme Court: Wasiat Wajibah as An Alternative for Non-Muslim Heirs in Indonesia Setyawan, Rahmad; Witro, Doli; Busni, Darti; Kustiawan, Muhamad Taufik; Syahbani, Fatimatuz Zahro Mulia
Jurnal Ilmiah Al-Syir'ah Vol 22, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i1.2968

Abstract

This research aims to critically analyze and deconstruct the rules and theoretical rules of ijtihad and its implementation in resolving contemporary Islamic inheritance law issues that develop in the Supreme Court. The focus of this research is on the wasiat wajibah (compulsory testament) as an alternative for non-Muslim heirs. This field research uses a descriptive-analytical method to explain the conception of ijtihad comprehensively. The primary data for this research came from interviews and observations. Interviews were conducted with several Religious Court Judges and Religious High Court Judges. Meanwhile, observation was conducted in several religious courts and high religious courts. Secondary data came from library data such as Supreme Court decisions on compulsory testaments for non-Muslim heirs. In addition, this library data is also supported by classical books (yellow book), scientific articles, internet websites, etc., related to the research topic. In several of its decisions, this study found that the Supreme Court has carried out modern ijtihad in Islamic inheritance law by providing an alternative law in the form of a compulsory testament for non-Muslim heirs to enjoy the inheritance of Muslim heirs. This alternative law is a product of the ijtihad of judges through the renewal of ijtihad methodology in the context of legal discovery (rechtvinding), which aims to distribute a sense of justice to parties prevented from getting inherited property.  The birth of several Supreme Court decisions, such as decisions number 16 K/AG/2010, 218 K/AG/2016, and 331 K/AG/2018, which provide legal alternatives in the form of compulsory testaments for non-Muslim heirs, is a historical necessity that must be interpreted positively for the sake of future history.