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Worship in the Mosque during the Pandemic: A Study of Islamic Law: Ibadah di Masjid pada Masa Pandemi: Telaah Hukum Islam Absor, Ulil; Hafsah , Hafsah; Siregar, Ramadhan Syahmedi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i0.959

Abstract

The Covid-19 pandemic has affected almost every aspect of Indonesian life, including religious aspects such as the ban on congregational prayers in mosques. The measures taken by the government are certainly controversial among the public. The purpose of this study was to find out the practice of holding congregational prayers during the Covid-19 pandemic in Medan City based on the contemporary Ulama Ijtihad method and Islamic law. The method used in this study is a qualitative research method. The results of the study show that congregations in Medan City can still perform congregational prayer at the mosque, but by implementing strict health protocols such as applying a distance of at least 1 metre for prayer, mandatory wearing of masks, using their prayer mats, performing ablution (wudu) at home respectively, congregations are not allowed to gather at the same time as well as not allowed to bring such children to the mosque.Highlights: Congregational prayers are allowed, with strict health protocols. Measures include maintaining 1-meter distance, wearing masks, and using personal prayer mats. Other precautions involve performing ablution at home, staggering arrival times, and prohibiting children in mosques. Keywords: Congregational Prayer, Ijtihad method, contemporary ulama, Covid-19
Judge's Considerations When Handing Down Marriage Dispensation Decisions in Aceh Singkil Regency for the 2019-2023 Period Sulaeman AR; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
International Journal of Science and Society Vol 6 No 3 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i3.1239

Abstract

This study aims to comprehensively examine the reality of the dynamics of marriage dispensation application cases at the Singkil Sharia Court, Aceh Singkil Regency, the judge's considerations in accepting or rejecting marriage dispensation applications, and the legal basis used by the judge in deciding marriage dispensation cases at the Singkil Sharia Court, Aceh Singkil Regency. This study uses a naturalistic qualitative approach with a field research method. Data collection techniques are carried out through observation, interviews, and documentation. This study is descriptive naturalistic, which aims to clearly and in detail describe the social reality at the Singkil Sharia Court, Aceh Singkil Regency. The results of the study indicate that the process of submitting a marriage dispensation application at the Singkil Sharia Court reflects the same requirements as the Supreme Court Regulation (Perma) No. 5 of 2019. The findings indicate that the main reasons for the application include parental concerns about indecent behavior, customary considerations and scheduling of wedding receptions, and premarital sexual relations. The judge's basis for deciding on a marriage dispensation application involves considerations such as the absence of parents in mediation, family pressure, and document inconsistencies. The judge's considerations in deciding on a marriage dispensation include the child's readiness to live in a household, psychological and financial capabilities, and approval from the extended family. This study emphasizes the importance of adjusting decisions to existing regulations to ensure fairness.
The Role of Islamic Religious Counselors in Providing Premarital Guidance at the Religious Affairs Office of Sultan Daulat District, Subulussalam City, Aceh Province Zainuddin; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
International Journal of Science and Society Vol 6 No 3 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i3.1241

Abstract

This study aims to analyze the implementation of premarital guidance at the Religious Affairs Office of Sultan Daulat District, the materials provided in premarital guidance at the Religious Affairs Office of Sultan Daulat District, and the SWOT analysis of premarital guidance at the Religious Affairs Office of Sultan Daulat District. The study used a nautical qualitative approach with data collection techniques in the form of observation, interviews and documentation studies. This study revealed several important findings regarding premarital guidance at the Religious Affairs Office of Sultan Daulat District. The implementation of this guidance follows the requirements for marriage registration in accordance with the latest regulations. Participants were very satisfied with the ease and flexibility of time provided during the guidance, which was arranged according to the agreement between the presenter and participants. Religious counselors showed responsibility and consistency in their duties, making positive contributions to the community by being active in discussions and question and answer sessions. The guidance material was delivered by two groups of presenters: Islamic religious counselors and representatives from the National Population and Family Planning Agency and health agencies. The material covered the management of psychology and family dynamics, reproductive health, and the foundations of a harmonious family. Religious counselors used an independent method in delivering their material. The SWOT analysis shows that religious counselors play a role in reducing the divorce rate in the area. They are also effective in reducing the spread of hoax news about premarital counseling. The guidance methods applied and the flexibility of implementation time help simplify the process and overcome the negative stigma that is often associated with premarital counseling at the Sultan Daulat Religious Affairs Office.
The Practice of Using Inheritance Assets for Death Feast Expenses from the Perspective of Islamic Law and the Aceh Customary Council (Majelis Adat Aceh) Lembong, Suarto; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
International Journal of Science and Society Vol 6 No 3 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i3.1274

Abstract

This study aims to determine the practice of using pre-divided inheritance as funeral expenses in Aceh Singkil Regency from the perspective of Islamic Law and the Aceh Customary Council (Majelis Adat Aceh). This study uses a qualitative method with data collection techniques in the form of observation, interviews, and documentation studies. The results of the study found that funeral expenses in Aceh Singkil Regency are often carried out using undistributed inheritance, even though this is contrary to Islamic law. Islamic law prohibits the use of inheritance for funerals except under certain conditions with strict requirements, but the practice in Aceh Singkil shows that many of these requirements are not met. In addition, the view of the Aceh Singkil Regency Customary Council emphasizes that the use of undistributed inheritance for funerals is contrary to sharia and is very relevant. Therefore, the implementation of this prohibition is very important to prevent violations of Islamic Law.
Assessing Ecological Tourism in Pulau Banyak: An Analysis Through Fiqh Al-Bi'ah Principles Jamhuri, Jamhuri; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5548

Abstract

This study aims to provide an Islamic legal analysis of the concept of ecological tourism in Pulau Banyak District through the perspective of Fiqh al-Bi'ah. Fiqh al-Bi'ah, as part of Islamic teachings, offers ethical and religious guidance in preserving the environment. However, the phenomenon of tourism development often clashes with environmental welfare agendas. Halal tourism in Pulau Banyak still faces problems despite being regulated by Aceh Qanun Number 8 of 2013. Therefore, an objective regulation and a redefinition of the halal tourism concept in Pulau Banyak, framed within Maqasid Sharia and aligned with the Fiqh al-Bi'ah concept, are urgently needed. There are still structural inequalities in Pulau Banyak District. The halal tourism development policy in Pulau Banyak should address the various inequalities that have occurred so far. The common inequalities found in Pulau Banyak District include regulatory disparities between tourism and conservation policies, social inequalities between religious values, customary rules, and the perception that tourist areas are free zones, as well as economic access inequalities from tourism activities in Pulau Banyak. The research method used is qualitative with a descriptive-analytical approach. Data were collected through observation and documentation of valid sources to capture the phenomena in Pulau Banyak District. The authors hope that this research can serve as a source of Islamic law in environmental regulation and as an effort to provide a contemporary fiqh paradigm in guiding the development of halal tourist areas that align with infrastructure development and increase environmental awareness among the community and tourists.
Tradition of Distributing Inheritance Property in Communities of the City of Subulussalam in District District Maqashid Sharia Perspective Zaini, Zaini; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5553

Abstract

This research aims to discuss the tradition of distributing inheritance among the people of Subulussalam City, especially in Penanggalan District from a maqashid sharia perspective. The type of research used is empirical research, meaning that the researcher goes directly into the community to obtain primary data through observation, interviews and documentation, and combined with secondary data such as books, the internet and other reading sources, then processed and analyzed to obtain a conclusion. The results of the research concluded that the distribution of inheritance among the people of Subulussalam City, especially in Penanggalan District, still uses customary law. In general, the people of Penanggalan District come from the Pakpak Batak ethnic group who adhere to a patrilineal family system, meaning that the male lineage takes precedence. However, in practice the distribution of inheritance does not adhere to this patrilineal system absolutely. The author found that there are two ways of dividing inheritance assets. First, sometimes assets are divided directly by parents while they are still alive in the form of a gift, to prevent disputes or quarrels between heirs in the future. Second, if the parents have died, the inheritance is divided peacefully through deliberation and consensus among the heirs. And traditions like this have become urf (custom), and they consider this tradition of distributing inheritance as quite good and considered fair. When viewed from the perspective of maqâshid syari'ah, the tradition of distributing inheritance like this fulfills the elements of benefit, especially in protecting the soul, offspring and property.
Implementation of Religious Moderation in Kain Golong Village (Study on KEPDIRJEN BIMAS Islam Number 137 Of 2023) Purwanto, Purwanto; Nurasiah, Nurasiah; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5560

Abstract

This research explores the implementation of religious moderation in Kain Golong Village, Simpang Kanan District, Aceh Singkil Regency. The study is grounded in the Decree of the Director General of Islamic Community Guidance Number 137 of 2023, which provides guidelines for establishing religious moderation villages. Using a qualitative approach that combines field studies and literature reviews, data was collected through observations, interviews, and documentation from various sources, including village officials, religious leaders, and community members. The findings reveal that the designation of Kain Golong as a village of religious moderation was conducted according to the prescribed procedures. The community's daily practices reflect a commitment to religious moderation, demonstrated through educational activities, mutual assistance in religious celebrations, and the inclusive participation of both Muslims and non-Muslims in social, religious, and governmental activities. This research highlights the successful application of religious moderation principles in fostering tolerance and safeguarding national unity.
The Intersection of Islamic and Civil Law in Indonesian Will Legislation Prana, Muhammad; Nurasiah, Nurasiah; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5561

Abstract

A will in Islamic law (wasiah) is a written or oral declaration made by a person (wasi) during their lifetime to regulate the distribution of their property after their death. The following are some important points about wills under Islamic law. A will in civil law, also known as a testament or probate, is a written instruction made by a person (testator) to arrange for the distribution of their property after their death. In practice, wills in Islamic law can provide individuals with the flexibility to organize a fraction of their estate according to personal wishes, albeit subject to the limitations set out by Sharia. In the context of civil law, will give individuals control over the distribution of their property after death and ensure that their wishes are respected. Wills can also help avoid inheritance disputes and provide legal certainty for heirs. The focus of this research is: First, how is the comparison of Islamic law with civil law in the regulation of wills in the State of Indonesia, second, how is the analysis of the perspective of the majority of people using the law in the application of wills? The model used in this research is qualitative, while the approach used is a literature study by analyzing the data obtained. The preliminary step in this research is to search for relevant literature data sources from various contexts by analyzing the findings and arguments from each source, as well as comparing and contrasting information to conclude. The results of this research show that there are similarities and differences between wills in Islamic law and civil law. The similarities can be seen in the validity of wills, the necessity to be written, and witnesses, and the differences can be seen in the limitations of inheritable property, cancellation and amendment of wills, the implementation of wills, disputes over wills, and the purpose of wills. The perspective of the majority of people in using the law related to the application of wills in Indonesia can be seen from the influence of culture and religion, legal rudeness and level of legal knowledge, legal practice in the field, trust and compliance, and involvement of legal professionals.
Judicial Considerations in Adjudicating Child Maintenance Claims from the Perspective of Progressive Legal Theory nad Maqashid Al-Syariah (A Normative Juridical Study on Decision Number 4115/PDT.G/2023/PA.KAB.MLG. and Decision Number 229/PDT.G/2021/PA SAK Hamzah, Hamzah; Tanjung, Dhiauddin; Siregar, Ramadhan Syahmedi
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5648

Abstract

This research analyzes judges' considerations in adjudicating lawsuits for child māḍiyah maintenance from the perspective of progressive legal theory and Maqashid Al-Syariah, with case studies on Decision Number 4115/Pdt.G/2023/PA.Kab.Mlg. and Decision Number 229/Pdt.G/2021/PA Sak. The study results show that judges strive to achieve substantive justice by prioritizing the child's welfare. Progressive legal theory is applied by considering the social context and factual conditions. At the same time, Maqashid Al-Syariah ensures that decisions are aligned with the objectives of sharia, namely the protection of religion, life, intellect, lineage, and property. The combination of these two perspectives allows judges to make formally and substantively just decisions, and provide optimal protection for children's rights. This study highlights the importance of flexibility and adaptation in the application of law to achieve true justice in cases of child māḍiyah maintenance.
The Strategic Role of Fatwa DSN-MUI in the Development of Islamic Banking in Indonesia: An Analysis of Banking Regulations and Products Based on the Provisions of Islamic Law Zikra, Alfiandi; Nasution, Muhammad Syukri Albani; Siregar, Ramadhan Syahmedi
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.36187

Abstract

This journal discusses the role of the Indonesian Ulema Council (MUI) and the birth of Bank Muamalat Indonesia (BMI) as the first step in the establishment of Islamic banks in Indonesia. Bank Muamalat became a pioneer, followed by other Islamic banks. The focus is on the DSN-MUI fatwa which has a strategic role in shaping Islamic banking regulations and products, especially related to the collection and distribution of funds. This research uses descriptive qualitative methods with secondary data from related journals and books. The DSN-MUI fatwa is an important guideline for Islamic financial institutions in Indonesia. The analysis reveals that DSN-MUI plays a central role in dealing with the problems of Islamic banking practices. The research presents the background of the birth of DSN-MUI, the method of fatwa determination, and various fatwa products covering banking products, capital markets, Islamic insurance, export/import, and others. There are 116 fatwas that help form the legal basis of Islamic banking in Indonesia. This study underlines the importance of synchronization between fatwa as theory and practice in the field, especially in the collection and distribution of Islamic banking funds.