Garuda - Garba Rujukan Digital

Dispensasi Kawin di Pengadilan Agama Soasio: Antara Regulasi dan Kemaslahatan bagi Anak Berliana Dyah Cahyo Wati Putri; Marwa, Muhammad Habibi Miftakhul
Media of Law and Sharia Vol. 6 No. 2: March 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i2.334

Marriage dispensation is a policy of granting rights to men and 19 years of age. Marriage dispensation has become a phenomenon and a serious concern because the number of applications for marriage dispensation continues to increase among teenagers. One of the main factors driving the application for marriage dispensation is pregnancy outside of marriage. The purpose of this study is to analyze in depth the application of the best interests of children in granting marriage dispensation at the Soasio Religious Court based on the theory of welfare. This study was written using a type of normative juridical legal research because it uses secondary data obtained through literature studies. The results of this study indicate that there are four marriage dispensation regulation regimes in Indonesia, namely the regime before the Marriage Law, the Marriage Law regime, the Constitutional Court Decision Number 22/PUU-XV/2017 regime, and the Amendment to the Marriage Law regime. The Soasio Religious Court applies the principle of the best interests of children in granting marriage dispensation referring to the protection of children's rights. Marriage dispensation will be granted or approved by the Soasio Religious Court if it is considered to provide benefits to individuals, families, and society. If the granting of marriage dispensation actually causes harm, then the application for dispensation is worthy of being rejected or not granted

Tinjauan Maqashid Syariah Kontemporer terhadap Keadaan tanpa Kewarganegaraan Miftakhul Marwa, Muhammad Habibi
Jurnal Hukum IUS QUIA IUSTUM Vol. 31 No. 2: MEI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol31.iss2.art2

Statelessness has become a global problem. It is estimated that there are currently 12 million stateless people worldwide. This paper aims to analyze in depth the issue of statelessness according to contemporary maqashid sharia. The normative legal research method is employed in this paper as it uses secondary data obtained through literature study. Literary sources related to the object of the study are analyzed descriptively and qualitatively by utilising a conceptual approach. The results of this research show that Islam does not actually provide a specific provision regarding statelessness, since such situation is more related to the domestic laws enforced in each country. The paradigm of contemporary maqashid sharia is directed more towards the concept of development and rights rather than protection and preservation. Statelessness prevents a person from obtaining and developing basic human rights, such as individual rights, collective rights, civil rights, political rights, economic rights, social rights and cultural rights. Thus, statelessness must be mitigated due to the harms that it brings rather than the good.Keywords: Harms, Maqashid Sharia, Statelessness. AbstrakKeadaan tanpa kewarganegaraan telah menjadi masalah global. Diperkirakan saat ini terdapat 12 juta orang tanpa kewarganegaraan di seluruh dunia. Artikel ini bertujuan untuk menganalisis secara mendalam keadaan tanpa kewarganegaraan menurut maqashid syariah kontemporer. Metode dalam penulisan artikel ini menggunakan jenis penelitian hukum normatif karena memakai data sekunder yang diperoleh melalui studi pustaka. Sumber kepustakaan yang berkaitan dengan objek kajian kemudian dianalisis secara deskriptif kualitatif menggunakan pendekatan konsep (conceptual approach). Hasil penelitian ini menunjukkan bahwa sebenarnya Islam tidak memberi penjelasan spesifik mengenai keadaan tanpa kewarganegaraan, karena keadaan ini lebih berkaitan dengan hukum yang diberlakukan pada suatu negara. Paradigma maqashid syariah kontemporer lebih diarahkan pada konsep development and rights daripada protection and preservation. Keadaan tanpa kewarganegaraan menghambat seseorang dalam mendapatkan dan mengembangkan hak dasar manusia, seperti hak individu, hak kolektif, hak sipil, hak politik, hak ekonomi, hak sosial, dan hak budaya. Oleh karena itu, keadaan tanpa kewarganegaraan harus dihindari karena lebih banyak mendatangkan mudarat dibandingkan maslahat.Kata Kunci: Keadaan tanpa Kewarganegaraan, Maqashid Syariah, Mudarat.

MITIGASI BENCANA PERKAWINAN ANAK SEBAGAI UPAYA MEWUJUDKAN KELUARGA SAKINAH: PERSPEKTIF FIKIH PERLINDUNGAN ANAK Marwa, Muhammad Habibi Miftakhul
Veritas et Justitia Vol. 7 No. 2 (2021): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v7i2.4314

Child marriage, in the final analysis, is denial of childrens basic right. The practice also violates the prevailing law which sets a statutory age limitation for both men and women to marry at 19 years. The author seeks to analyse this legal-societal issue from Islamic law perspective. The analysis starts from the general observation that to prevent future dissent-disolvement of marriages, both parties should consider “rusyd”, in other words, their own or potential partners psychological, biological, and socio-economic maturity. In addition, to prevent child marriage, attention should be given to basic values of benefit (al mashlalah), the general principle of affection (mawaddah wa rahmah) and fulfillment of needs (taufir al-hajat).

Asas Kemaslahatan dalam Penyelesaian Tindak Pidana Perundungan oleh Santri Berdasarkan MAQĀṢID SYARĪ’AH Lahiyah, Ilham; Muhammadi, Fauzan; Muhammad Habibi Miftakhul Marwa; Kurnia Dewi Anggraeny
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2764

Apart from the main aim of Islamic boarding schools for Islamic development, carrying out Islamic boarding schools often encounters problems, for example, cases of criminal acts by students. Thus, criminal acts that occur in the Islamic boarding school environment become insignificant and normal. One of the criminal problems that often occurs in Islamic boarding schools is bullying. Islamic boarding schools in Babakan, Ciwaringin, Cirebon area have various areas, buildings, and numbers of students. Criminal cases like bullying are common to occur in the boarding school environment. Therefore, this research aims to determine the application of Islamic boarding school principles of virtue in resolving student bullying cases and to determine Islamic boarding school principles of virtue in resolving Islamic boarding school bullying cases in terms of maqāṣid syarī'ah. This research is a qualitative study using a conceptual approach and a statutory approach. This method is supported by primary and secondary data. The primary data were collected through interviews with Islamic boarding school managers and students, while the secondary data were obtained through literature studies from books, journals, articles, and else related to this research. This research found that bullying still commonly happens in Islamic boarding schools. Efforts to resolve the problems by the Islamic Boarding Schools are carried out using internal processes such as discussion or non-physical punishment in accordance with the Islamic Boarding School's internal regulations. This is considered to be in line with the Principles of Virtue as stated in the Islamic Boarding School Law. In addition, the existence of the Islamic Boarding School Law has not been widely known by the elements within the Islamic Boarding Schools. However, what the Islamic Boarding Schools implement in resolving bullying cases has accommodated the concept of protecting the soul contained in maqāṣid syarī'ah. Keywords: Pesantren; Maṣlaḥah; Bullying; Maqāṣid

Analysis of Child Labor Rights Fulfillment Based on Maqashid Syariah Marwa, Muhammad Habibi Miftakhul; Immawan Wahyudi; Fithriatus Shalihah
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.2861

Child Labor is a serious problem that has attracted national and international public attention. The purpose of writing this article is to analyze in depth the review of the fulfillment of child Labor rights based on maqashid sharia. This article's research method uses a type of normative legal research using secondary data obtained through literature study. The collected data was then analyzed descriptively qualitatively using a conceptual approach, namely the concept of maqashid sharia. The results and findings in this article are that Islam places the fulfillment of children's rights as an important thing to realize. The general aim of Allah SWT in sending down the Shari'a is to bring about benefits. The basic concept of benefit is realizing benefits and preventing harm. The practice of child Labor is prohibited, because it conflicts with the five main principles of maqashid sharia, namely the protection of religion, soul, mind, property and descendant, which are primary needs (dharuriyyah) that must be fulfilled in humans. The priority of a child's age is to fulfill the rights of religion, soul, reason and heredity rather than fulfilling the need for wealth.

The Position and Role of the Sharia Supervisory Board in Ensuring Sharia Compliance Equity Crowdfunding in Indonesia Muhammad Habibi Miftakhul Marwa; Sholahuddin Al-Fatih; Mohammad Azam Hussain; Haris Haris
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.33330

Fundraising using the equity crowdfunding method has experienced rapid development and is in high demand from the public. In order to maintain the credibility of the implementation of Islamic securities crowdfunding, it is essential to establish a sharia supervisory board to supervise the offering of sharia-compliant securities employing information technology-driven crowdfunding service platforms. This article aims to discuss and analyze the position and role of the sharia supervisory board within the system, as well as the level of compliance with sharia principles in the implementation of equity crowdfunding in Indonesia. The research method used in this article is a type of normative legal research that relies on secondary data sources obtained through a literature review. The legal protection for the existence of a sharia supervisory board in sharia equity crowdfunding in Indonesia is regulated in POJK Number 57/POJK.04/2020 and Fatwa Number 140/DSN-MUI/VIII/2021. The sharia supervisory board has a very strategic role in ensuring sharia compliance in every equity crowdfunding activity in Indonesia. In order to maintain the credibility of sharia equity crowdfunding in the future, it is essential to ensure that every aspect of operations complies with sharia principles by maximizing the existence of a sharia supervisory board.

Peningkatan Pemahaman Warga Tundan, RT 04, Kalurahan Tamantirto mengenai Dampak Negatif dari Pernikahan di Bawah Umur Istianah Zainal Asyiqin; Ani Yunita; Muhammad Habibi Miftakhul Marwa
Jurnal Surya Masyarakat Vol 7, No 1 (2024): November 2024
Publisher : Universitas Muhammadiyah Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26714/jsm.7.1.2024.112-122

Residents of Tundan, RT 04, Tamantirto, Kasihan, Bantul still often marry their sons and daughters under the age of 19 due to various considerations, for example, the bride who must be married immediately or because of the strong will of the parents. This service aims to solve the problem of underage marriage so that an intensive study is carried out in the form of material presentation, analysis, discussion, and case studies on the negative impacts of underage marriage. The method applied in this community service program is to organize studies and discussions at partner locations in Tundan, RT 04, Tamantirto, with 52 participants. Based on the results of the pre-test and post-test, the participants experienced an increased understanding of Law Number 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning marriage by 50%, an increased understanding of the minimum age for marriage by 25%, an increased understanding of the factors that cause underage marriages by 26%, understanding of the negative impact of underage marriages has increased by 21%, and increased understanding of legal procedures that must be followed if underage marriages are forced to be carried out by 40%. Hopefully, this increased understanding can suppress underage marriage.

Peningkatan Pemahaman Warga Tundan, RT 04, Kalurahan Tamantirto mengenai Dampak Negatif dari Pernikahan di Bawah Umur Istianah Zainal Asyiqin; Ani Yunita; Muhammad Habibi Miftakhul Marwa
Jurnal Surya Masyarakat Vol 7, No 1 (2024): November 2024
Publisher : Universitas Muhammadiyah Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26714/jsm.7.1.2024.112-122

Residents of Tundan, RT 04, Tamantirto, Kasihan, Bantul still often marry their sons and daughters under the age of 19 due to various considerations, for example, the bride who must be married immediately or because of the strong will of the parents. This service aims to solve the problem of underage marriage so that an intensive study is carried out in the form of material presentation, analysis, discussion, and case studies on the negative impacts of underage marriage. The method applied in this community service program is to organize studies and discussions at partner locations in Tundan, RT 04, Tamantirto, with 52 participants. Based on the results of the pre-test and post-test, the participants experienced an increased understanding of Law Number 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning marriage by 50%, an increased understanding of the minimum age for marriage by 25%, an increased understanding of the factors that cause underage marriages by 26%, understanding of the negative impact of underage marriages has increased by 21%, and increased understanding of legal procedures that must be followed if underage marriages are forced to be carried out by 40%. Hopefully, this increased understanding can suppress underage marriage.

The Role of Religious Figures in Preventing Incest in Tanjung Village: A Maqashid Sharia Perspective Putri, Tania Kadziyah; Marwa, Muhammad Habibi Miftakhul
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.485

This study examines the phenomenon of incest, a forbidden marriage between closely related individuals, focusing on the case of seven infant deaths in Tanjung Village, Banyumas, resulting from a consanguineous relationship between a father and his biological child. The incidence of incest in Indonesia is notably high. If left unchecked, incest poses a threat to religious teachings and societal resilience. The objective of this research is to conduct an in-depth and critical analysis, using the perspective of maqashid sharia, of the incest phenomenon, its societal impacts, and the role of religious leaders in preventing non-marital incestuous relationships in Tanjung Village, Banyumas Regency. This research is a normative juridical legal study. The data sources used are primary data obtained through field studies and interviews with one figure each from Muhammadiyah, NU, and LDII. Secondary data were obtained through library research of various relevant literature. The collected data were then analyzed using the concept of maqashid sharia. The findings reveal that the role of religious leaders from Muhammadiyah, NU, and LDII in Tanjung Village, Banyumas Regency, is highly strategic in preventing incest. The moral guidance delivered through religious outreach aligns with the objectives of maqashid sharia, preservation of faith, life, intellect, property, and lineage. Incest, whether committed outside or within marriage, contradicts maqashid sharia, as it causes more harm than benefit.

Strengthening Aisyiyah Banguntapan 4's Understanding of Murabahah Financing as a Sustainable Sharia Economic Solution Istianah Zainal Asyiqin; Ani Yunita; Muhammad Habibi Miftakhul Marwa; Annisabella Oktaviani; Tanu Surana
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.22667

The growth of Islamic financial assets in Indonesia reached IDR 2,450.55 trillion in June 2023, with a market share of 10.94% of the total national finance. Islamic banking institutions, particularly those offering financing based on sale and purchase agreements like murabahah, are crucial in expanding financial inclusion and providing Sharia-compliant financial solutions. ‘Aisyiyah, as part of the Muhammadiyah women's movement, plays a significant role in community empowerment, including enhancing knowledge of Islamic financing. This study aims to strengthen the understanding of murabahah financing among the ‘Aisyiyah Banguntapan 4 community, particularly in addressing misconceptions and reducing reliance on usurious transactions. The implementation method in this community service activity consisted of three stages: preparation, implementation, and evaluation. The implementation stage included educational sessions in the form of material presentation, discussions, and legal analysis of murabahah financing, conducted at the partner location with 50 participants. Evaluation was carried out to assess the effectiveness and impact of the program on participants’ knowledge. Data collection methods were through interviews, surveys, and direct engagement with community members. The results indicate a notable improvement in participants' comprehension of Law No. 21 of 2008 on Sharia Banking (45.5%), MUI Fatwa on Usury (51%), DSN MUI Fatwa on Murabahah (50.5%), sharia-based economic transactions (50%), and the concept and implementation of murabahah financing (50.5%). These findings highlight the effectiveness of educational efforts in enhancing public awareness of Islamic financial principles, thereby fostering financial literacy and reducing dependence on non-sharia-compliant transactions.

Title

Found 34 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 34 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 34 Documents
Search