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Karakteristik Hukum Islam Dalam Bidang Ekonomi Ali Mutakin; Ghufron Maksum
Al Ashriyyah Vol. 5 No. 2 (2019): Al Ashriyyah
Publisher : Sekolah Tinggi Agama Islam Nurul Iman Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/alashriyyah.v5i2.91

Abstract

Al-Qur'an and Hadith are sources of Islamic law that have regulated all dimensions of human life, both those related to worship and mu'amalah. Islamic law which is associated with the original worship is regulated globally (mujmâl) in the Qur'an, then explained in detail by the Sunnah of the Prophet and formulated by jurists into fiqh books. Explanation of the Islamic Law related with mu'amalah is limited to the main points. Explanation of the Prophet, not as detailed as in his explanation of worship. Thus, mu'amalah has an open nature, so it is possible to develop through ijtihad by experts. While the characteristics of Islamic law, especially in muamalah, are perfect, universal, elastic, dynamic, flexible and not rigid, ta'aqquli and ta'abbudi, prioritizing substance rather than form, and creating benefit and not making it difficult. Islamic law is present on this earth, aiming to create benefit for all humanities, both in the world and the hereafter.
TELAAH KRITIS TERHADAP PRAKTIK PERKAWINAN DI BAWAH TANGAN DI INDONESIA Ghufron Maksum
Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam Vol 16, No 1 (2017): Jurnal Komunikasi Antar Perguruan Tinggi Agama Islam
Publisher : Kopertais Wilayah I DKI Jakarta dan Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/kordinat.v16i1.6455

Abstract

Telaah Kritis terhadap Praktik Perkawinan di Bawah Tangan di Indonesia. Kebanyakan orang meyakini bahwa perkawinan di bawah tangan sah menurut Islam karena telah memenuhi rukun dan syaratnya, sekalipun perkawinan tersebut tidak dicatatkan di Kantor Urusan Agama (KUA). Akibat pemahaman tersebut maka timbul dualisme hukum yang berlaku di negara Indonesia ini, yaitu di satu sisi perkawinan itu harus dicatatkan di KUA dan disisi lain tanpa dicatatkan pun tetap berlaku dan diakui dimasyarakat. Oleh karena itu perlu adanya kajian yang menela’ah secara kritis terhadap rukun perkawinan yang ada yang mana rukun perkawinan tersebut masih diperselisihkan oleh para Imam Madzhab yang empat sehingga dimungkinkan adanya ijtihad baru disebabkan karena perubahan situasi dan kondisi masyarakat yang menuntut kemaslahatan. Penelitian ini menyimpulkan bahwa pencatatan merupakan salah satu dari rukun perkawinan. Setiap perkawinan harus dicatatkan dihadapan petugas pencatat nikah. Perkawinan yang tidak dicatatkan (di bawah tangan) akan mendatangkan kekacauan dan kemadharatan. Perkawinan seperti ini hukumnya haram (tidak sah) karena tidak sejalan dengan maqâshid al-syarî’ah.
Peluang Perempuan Menjadi Wali Nikah Di Indonesia Abdul Aziz; Ghufron Maksum
Al Ashriyyah Vol. 5 No. 1 (2019): Al Ashriyyah
Publisher : Sekolah Tinggi Agama Islam Nurul Iman Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/alashriyyah.v5i1.113

Abstract

This article tries to explain the answers to Islamic law related to the system of marriage guardians, especially female marriage guardians in the Muslim world. The majority of the Muslim world who follow the Maliki, Shafi'i and Hambali schools of thought assume that a marriage guardian must be from a man's side so that a marriage is not valid if it is carried out in the absence or without the presence of a male guardian. While there are also scholars who also think that men do not have to be a prerequisite and the legal harmony of a marriage, it means that a woman who is competent as a man can also be the validity of a marriage. This article also explains the meeting point of answers that the Indonesian people already have a reference to the formulation of their own marriage system, namely the Islamic Law Compilation and Presidential Instruction.
Konsep Makna Ghurûr dalam al-Qur’an: Analisis Semantik Toshihiko Izutsu Parhan Parhan; Ghufron Maksum; Ahmad Munir
Al Ashriyyah Vol. 8 No. 2 (2022): Al Ashriyyah
Publisher : Sekolah Tinggi Agama Islam Nurul Iman Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/alashriyyah.v8i2.151

Abstract

The ghurûr vocabulary in the Qur'an is a special word, but this privilege is something that must be avoided. Because the ghurur vocabulary in the Qur'an always has a negative purpose in every use. For this reason, in this study the author intends to examine the deeper meaning of the word. With the method of semantic analysis of the Qur'an developed by Toshihiko Izutsu, the resulting meaning is said to be relevant to the times. The stages that are passed in this Izutsu semantic analysis are finding the basic meaning and relational meaning, revealing the historical meaning, and finally describing the weltanschauung concept of the word ghurûr in the Qur'an. The findings obtained in this study are the fact that the concept of ghurûr formed in the Qur'an is a negative impression that must be avoided. Because the concept that is formed is a circle that is always under the control of the devil. Therefore, the recorded purpose of ghurûr is always connoted with a negative meaning.
Karakter Siswa Ditinjau Dalam Toleransi Beragama Dan Multikulturalisme: (Penelitian Pada Siswa SMA Al Ashriyyah Nurul Iman Parung Kabupaten Bogor ) Apudin, Apudin; Maksum, Ghufron
Al Ashriyyah Vol. 8 No. 1 (2022): Al Ashriyyah
Publisher : Sekolah Tinggi Agama Islam Nurul Iman Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/alashriyyah.v8i01.149

Abstract

This research aims to determine and test empirical data related to the relationship of religious tolerance and understanding of multiculturalism with the character of students separately or simultaneously. In this research, the authors used a quantitative method with a correlational approach in the form of cluster rondom sampling technique on quantitative data obtained from the object of research, namely students at SMA Al Ashriyyah Nurul Iman Parung Bogor regency. The sample of this research was 104 respondents from a total population of 140 students of SMA Al Ashriyyah Nurul Iman Parung Bogor Regency. Data collection was carried out using survey methods and questionnaires. The type of analysis used is correlational analysis and regression which are described descriptively. The results of this research First, there are positive and significant relationship between religious tolerance on student character. Second, there are positive and significant relationship between the understanding of multiculturalism on student characteristics. Third, there are positive and strong and significant relationship between religious tolerance (X1) and the understanding of multiculturalism (X2) together on student character (Y)
Pendekatan Keadilan Restoratif dalam Penyelesaian Tindak Pidana Kekerasan dalam Rumah Tangga Aziz, Abdul; Maksum, Ghufron; Mutakin, Ali
Al Ashriyyah Vol. 9 No. 2 (2023): Al Ashriyyah
Publisher : Sekolah Tinggi Agama Islam Nurul Iman Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/alashriyyah.v9i2.173

Abstract

This article seeks to explain that the crime of domestic violence does not always have to prioritize criminal action, but rather prioritizes recovery for the interests of the victim through restorative justice, which is an alternative settlement of criminal cases outside the court. Settlement of acts of violence in the household sphere if the criminal law route is resolved is deemed inappropriate, considering that the perpetrator and the victim have a personal and legal relationship, so different ways of solving the conflict in the household are needed, one of which is with a restorative justice approach, on the basis of these legal issues this research was conducted. This research is a normative legal research. Furthermore, it is analyzed through the stages of interpretation, assessment, research, and evaluation. And finally concluded in a descriptive form. From the results of the research it is known that the settlement of acts of domestic violence can be carried out with a restorative justice approach by involving victims, perpetrators and other independent related parties to find the best solution to reach an agreement rather than just imposing a sentence. From the category of acts of domestic violence specified in the Law, it can be carried out with a restorative justice approach with a subjective and proportional assessment of each case and taking into account the agreement between the two parties.
Legal Reasoning of Distribution of Property by Grant Vis A Vis Inheritance Perspective Maslahah Mursalah bt Abdul Rahman, Waheeda; Aziz, Abdul; Maksum, Ghufron
Al Ashriyyah Vol. 10 No. 1 (2024): Al Ashriyyah
Publisher : Sekolah Tinggi Agama Islam Nurul Iman Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/alashriyyah.v10i1.185

Abstract

Abstract This study aims to explore legal reasoning in the context of the distribution of property by grant in relation to inheritance from the perspective of maslahah mursalah. Maslahah mursalah is a concept in Islamic law that refers to the permissible public interest, which is the basis for making decisions in situations not directly regulated by Islamic law. This study uses a qualitative approach with descriptive and normative analysis. Data for this study were obtained from primary legal sources such as the Quran, Hadith, and the Compilation of Islamic Law, as well as secondary legal sources that include books and related research reports. The maslahah mursalah theory approach is used as an analytical framework to understand grant practices in the context of inheritance distribution. The results showed that the practice of grants in the distribution of inheritance can be analyzed using the concept of maslahah mursalah. This approach makes it possible to assess whether the distribution of grants is beneficial in general and in accordance with Islamic values. In this context, a deep understanding of the principles of Islamic law related to grants and inheritance is essential to ensure the distribution of inheritance is done fairly and in accordance with religious teachings. This research makes an important contribution to the understanding of how grant practices can be a legitimate and beneficial alternative to the distribution of inheritance in Muslim societies. Keywords: grant; inheritance; maslahah mursalah
Taksonomi Linguistik, Analisis Kesalahan Bahasa dalam Pembelajaran Insya Parhan, Parhan; Maksum, Ghufron
Ta'limi | Journal of Arabic Education and Arabic Studies Vol. 1 No. 2 (2022): Ta'limi
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tlmi.v1i2.39

Abstract

Mastering Arabic for other speakers is not easy. Because it will be faced with several abilities that make him to be able to master the language. taught and learned by other speakers is not easy. Students may have difficulty learning as their second language. And some of them have errors during the application of this language, and these mistakes both in writing and in speech. This research is related to the analysis of linguistic errors in the construction of fourth semester students of the Tarbiyah Faculty of Arabic Language Education study program at the Nurul Iman Parung Islamic College of Bogor. The method used in this research is quantitative methods in the form of data collection using tests. Then group errors and interpret Corder's opinions. Based on the test results, it was found that the general error in the third semester student construction tasks of the Tarbiyah Faculty of Arabic Language Education study program at the Nurul Iman Parung Islamic High School Bogor was 29 mistakes. Then classify it based on linguistics into four parts: Phonological errors (11 errors), Morphological errors (7 errors), syntax errors (6 errors), Semantic errors and word 5 errors.
Regulasi Perwakafan Di Indonesia Dalam Perspektif Statute Approach Chasanah, Kama Mir’atul; Maksum, Ghufron
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.7

Abstract

The potential of waqf in Indonesia, if managed properly, can be the most appropriate instrument to solve social problems, especially in dealing with poverty. Waqf regulation in Indonesia has experienced a long dynamic, starting from pre-independence, post-independence until now. This paper aims to explain waqf regulations in Indonesia from the perspective of the statute approach. This study is included in the category of library research with primary sources in the form of laws and government regulations relating to waqf, while secondary sources in the form of journals, books and others related to the theme of discussion. The data obtained were described and then analyzed. This paper finds that: 1) The emergence of various waqf regulations after Indonesia's independence is full of regulations that are able to balance between Islamic and positive laws that apply in Indonesia. 2) Regulation of waqf in Indonesia started from Law Number 5 of 1960 concerning Agrarian Principles, Presidential Instruction of the Republic of Indonesia Number 1 of 1991 concerning KHI, Law Number 41 of 2004, then Government Regulation Number 42 of 2006. 3) Law Number 41 of 2004, is a new breakthrough in the waqf management system in Indonesia to become productive waqf.
Wasiat Wajibah bagi Ahli Waris Non-Muslim di Indonesia Perspektif Najmuddin At-Thufi Aziz, Abdul; Maksum, Ghufron; Ali Asyari , Nadzif; Huda , Nurul
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.72

Abstract

This article attempts to uncover, explore, and explain that the obligatory will for non-Muslim heirs is a contemporary issue that is not found in the texts of the Qur'an and Hadith. Departing from the dualism of the view that an ikhtiariyah will is a will given voluntarily and an obligatory will, namely a will that is obligatory in accordance with the law, the researcher wants to describe the Compulsory Will for Non-Muslim Heirs in Indonesia Through the Concept of Maslahah Mursalah Najmuddin At-Thufi. The method in this research is included in the category of library research in which the data and data sources of the researchers are obtained from various literatures (books, journals, internet, and other relevant data sources). This research proves that the obligatory will for non-Muslim heirs has a positive and equitable impact on family heirs. In addition to providing a sense of justice, obligatory wills to non-Muslim heirs through Supreme Court decisions have also filled the legal void in Indonesia