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Ijȃrah Muntahiyah Bi al-Tamlȋk: Sebuah Alternatif Pemberdayaan Tanah Wakaf Iza Hanifuddin; Sunan Autad Sarjana
Muslim Heritage Vol 3, No 1 (2018): Muslim Heritage
Publisher : IAIN Ponorogo

Abstract: Indonesia has a very extensive waqf land. Every year is always increasing. Size donated land is a great potential for the public welfare if managed with productive and professional. However, the institution of waqf as nȃdhir often find it difficult to finance the development and management of the donated land. This article is a literature review that aims to seek an alternative agreement that can be used to empower the donated land. The results showed that much of the literature of jurisprudence has defined-contract agreement for the empowerment of waqf land. Among the contract is ijȃrah classifiedtraditional ceremony in the empowerment of waqf land. Therefore, more advanced economic system, then the contract development experience and innovation to be ijȃrah muntahiyah bial-Tamlik.This contract helped nȃdhir in financing to empower the donated land. Because all costs empowerment of financiers, and after completion of the contract, the investor will transfer ownership of the building to nȃdhir.Abstrak: Indonesia memiliki tanah wakaf yang sangat luas. Setiap tahunnya senantiasa mengalami peningkatan. Luas tanah wakaf ini merupakan potensi besar untuk mewujudkan kesejahteraan masyarakat jika dikelola dengan produktif dan profesional. Akan tetapi, lembaga wakaf sebagai nȃdhir seringkali mendapatkan kesulitan untuk membiayai pengembangan dan pengelolaan tanah wakaf tersebut. Artikel ini merupakan kajian pustaka yang bertujuan untuk mencari akad alternatif yang bisa digunakan dalam memberdayakan tanah wakaf. Hasil kajian menunjukkan bahwa banyak literatur fikih telah menentukan akad-akad untuk pemberdayaan tanah wakaf. Di antara akad tersebut adalah ijȃrah yang tergolong akad tradisional dalam pemberdayaan tanah wakaf. Oleh karena sistem perekonomian yang semakin maju, maka akad tersebut mengalami pengembangan dan inovasi hingga menjadi ijȃrah muntahiyah bi al-tamlîk. Akad ini banyak membantu nȃdhir dalam pembiayaan untuk memberdayakan tanah wakaf. Karena semua biaya pemberdayaan dari pemodal, dan setelah selesai akad, pemodal akan mengalihkan kepemilikan bangunan kepada nȃdhir.

Konsep ‘Urf dalam Penetapan Hukum Islam Sunan Autad Sarjana; Imam Kamaluddin Suratman
TSAQAFAH Vol 13, No 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

An article discusses the concept of al-’urf which became one of the foundations of making Islamic law. This concept makes the law by taking something familiar in society, which have become their habit and were united with their lives, whether in the form of deeds or words. With note that when making Islamic law is surely without violating the basic teachings in Islam from the Qur’an and al-Sunnah. The application of al-‘urf leads to the acceptance of sharia by the community, without having to abandon the basic principles of Islam. The study of this concept is also the answer for contemporary Muslim thinkers who often encourage and insist to reform Islamic law through the mechanism of deconstruction and adapting to the principles of human rights. What they did is dangerous, because it changed the basic teaching in Islam, such as the obligation of fve times prayer, Ramadan fast, hajj, and so forth. In relation to al-’urf, these contemporary thinkers usually take up all the prevailing customs in society to make Islamic law, even these customs are contrary to the religious teachings. Through the study of the classical and contemporary books of jurisprudence, this article explains that Islamic teachings are appreciative and cooperative in addressing the growing cultural phenomenon in society. Islam still adopts and takes traditions that exist in society as one of the foundation of Islamic law, as long as those do not contrary to the teachings of Islam.

Konsep ‘Urf dalam Penetapan Hukum Islam Sunan Autad Sarjana; Imam Kamaluddin Suratman
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1509

An article discusses the concept of al-’urf which became one of the foundations of making Islamic law. This concept makes the law by taking something familiar in society, which have become their habit and were united with their lives, whether in the form of deeds or words. With note that when making Islamic law is surely without violating the basic teachings in Islam from the Qur’an and al-Sunnah. The application of al-‘urf leads to the acceptance of sharia by the community, without having to abandon the basic principles of Islam. The study of this concept is also the answer for contemporary Muslim thinkers who often encourage and insist to reform Islamic law through the mechanism of deconstruction and adapting to the principles of human rights. What they did is dangerous, because it changed the basic teaching in Islam, such as the obligation of fve times prayer, Ramadan fast, hajj, and so forth. In relation to al-’urf, these contemporary thinkers usually take up all the prevailing customs in society to make Islamic law, even these customs are contrary to the religious teachings. Through the study of the classical and contemporary books of jurisprudence, this article explains that Islamic teachings are appreciative and cooperative in addressing the growing cultural phenomenon in society. Islam still adopts and takes traditions that exist in society as one of the foundation of Islamic law, as long as those do not contrary to the teachings of Islam.

The Inheritance Rights Of Children From Sperm Donor In A Review Of Health Law N0.17 Of 2023 And Fiqh Of Imam Syafi'i Edwardsyah Bernardkent; Sunan Autad Sarjana; Fadhila Tianti Mudi Awalia,; Usamah Abdurrahman
Amorti: Jurnal Studi Islam Interdisipliner Vol. 5 No. 3 Juli 2026: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v5i3.1403

The development of assisted reproductive technology, particularly sperm donation, raises legal issues regarding the validity of lineage and inheritance rights of children. Under Indonesian law, Law No. 17 of 2023 concerning Health restricts assisted reproductive technology to legally married couples, based on medical indications, and not in conflict with religious norms.This study aims to analyze the compatibility of the provisions on third-party sperm donors in Law Number 17 of 2023 with the concept of lineage in the Shafi'i school of thought. This study also aims to examine the status and inheritance rights of children born from sperm donors according to the Shafi'i school of thought and Indonesian positive law.The method used is normative legal research with a normative-comparative approach through analysis of primary, secondary, and tertiary legal materials. The study was conducted on Law Number 17 of 2023, the Compilation of Islamic Law, the Civil Code, and customary law.The results of this study indicate that third-party sperm donation is not permitted under both Indonesian positive law and the Shafi'i school of thought because it contradicts the validity of marriage and the protection of lineage. Children born from sperm donation do not have a lineage relationship and inheritance rights to the donor. However, the legal relationship and inheritance rights to the mother are still recognized as long as they comply with applicable legal provisions. The gap in this research is the lack of studies that simultaneously link health regulations, Shafi'i fiqh, and inheritance law. The novelty of this research lies in the comparative formulation that emphasizes the consistency of lineage protection as the basis for determining a child's legal status and inheritance rights.

Protecting Victims Privacy in Cinematographic Works: A Juridical Analysis of Freedom of Expression in the Film ‘Vina Sebelum 7 Hari’: Perlindungan Hak Privasi Korban dalam Karya Sinematografi: Analisis Yuridis terhadap Kebebasan Berekspresi dalam Film ‘Vina Sebelum 7 Hari’ Sunan Autad Sarjana; Atifah Rohmah Fani; Hifdhotul Munawaroh; Iman Nur Hidayat; Rashda Diana
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 2 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i2.31

Films serve as educational media and convey moral messages, but they differ when they portray the true story of a victim of sexual violence by exposing their true identity without protection. The film "Vina Sebelum 7 Hari" depicts the real-life case of sexual violence experienced by Vina, with explicit scenes that depict the victim's traumatic experience and reveal her identity to the public. This potentially violates legal norms regarding the protection of the victim's identity, as stipulated in Article 69 (d) of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence, the Pornography Law, the Broadcasting Law and the Protective data Personal law. The exposure of the victim's identity causes secondary psychological impacts, social stigma, and psychological distress for the victim and her family. Although the film is intended to have educational value and moral awareness, its presentation without adequate protection actually brings harm to the victim and society such as Article 69 letter (d) of Law No. 12 of 2022 concerning on the Crime of Sexual Violence, Article 10 of Law No. 44 of 2008 concerning on Pornography, Article 48 Paragraph 4 of Law No. 32 of 2002 concerning on Broadcasting and Law No. 27 of 2022 concerning on Personal Data Protection. This study uses a normative-juridical method and use analysis qualitative to discuss the legal protection of the identity of victims of sexual violence in the context of film screenings, examining aspects of TPKS, Pornography laws, Broadcasting law. Using secondary data source with primary, secondary and tertiary legal materials and using qualitative data analysis methods in order to produce more accurate reaserch.

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