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Journal : Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam

FENOMENA WANITA KARIR KETIKA PERCERAIAN Muhammad Zainuddin Sunarto
JURNAL HAKAM Vol 5, No 2 (2021)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1101.593 KB) | DOI: 10.33650/jhi.v5i2.3531

Abstract

'Iddah is a waiting period that must be lived by a woman due to the termination of the marital relationship, either due to divorce or death, in order to restore mental or physical condition after being left by her husband. The implementation of 'iddah in the jahiliyyah period is considered no longer appropriate to be applied today because, at that time, a wife whose husband died would be placed in a hut (a small, fragile, and old house), given the ugliest clothes, not allowed to wear clothes. Perfume, so that the smell is very unpleasant, then brought himar animals, goats, or birds and then occupied with him. The majority of women today have a myriad of activities outside the home as career women, which sometimes makes some of them the backbone of the family, whether they are with their husbands or not. Some scholars' to leave the house, if it is in an emergency, the state of emergency is understood differently by ulama' Usul al-fiqh. Such as, al-Shatibi understands the meaning of emergency with an essential need to be maintained. a woman whose husband dies, then she has to provide for her family, then she is allowed to leave the house because she is in an emergency
HAK ASUH ANAK DALAM PERSPEKTIF KHI DAN MADZHAB SYAFI’I Ahmad Baidawi; Muhammad Zainuddin Sunarto
JURNAL HAKAM Vol 4, No 1 (2020)
Publisher : Prodi Hukum Keluarga Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1015.987 KB) | DOI: 10.33650/jhi.v4i1.1928

Abstract

In principle, the responsibility of caring for children is the burden of both parents, whether they are still living in harmony or a divorce has occurred. Hadanah itself is an act that must be carried out against their parents, because without Hadanah it will result in the child being neglected and his life is wasted, because if the child is still small or not yet mumayyiz, it is very well nurtured and educated, and will have a negative impact on their future. , can even challenge the existence of their soul. Child care, in the view of KHI, includes all the needs that can support the development of the child's life both in the scope of primary and secondary needs, such as the need for education, living expenses, peace of life, welfare, especially in health.In Shafi'i's view regarding child custody (hadanah), children who are seven years old are allowed to choose for themselves if both parents are equally worthy to take care of their hadhanah, be it in matters of religion, property or affection. so the child is invited to choose it, on the grounds that the child is considered to be able to distinguish which one is good and what is bad for himself, therefore the child is given the freedom to choose what he thinks the child is able to make his own choice whether to follow his mother or follow his father .
PEMBAHARUAN USHUL FIQH ALI JUM’AH MUHAMMAD Muhammad Zainuddin Sunarto; Tutik Hamidah; Abbas Arfan
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.3878

Abstract

The reform of ushul fiqh is perhaps the most significant achievement in the rebirth of Islamic philosophy. Only when people realize the phenomenon of stagnation of traditional fiqh can ushul fiqh be renewed. This awareness can only be built if people realize the need for reform of religious thought and practice it on a large scale. Many scholars propose a reconstruction of ushul fiqh, intending to show that religion can be used to solve everyday problems. Sheikh Ali Jum'ah, Izzudin Ibn Abdus Salam, and Ibn Ashur were prominent figures. Brilliant ideas and practical solutions seem to have entered the paradigm of Indonesian Islamic thought, especially the paradigm of ushul fiqh reform, which is still stagnant. Another weakness of fiqh and ushul fiqh is that there is no dynamic relationship between them and the social sciences, thus losing their relevance to the needs of the people. The mufti of Egypt, Sheikh Ali Jum'ah, also had the same view regarding the reformulation of Usul fiqh produced by previous scholars. So that Usul fiqh can be more developed and adaptive to new problems. Sheikh Ali Jum'ah's tajdid offer, namely: Restoring the old study form of ushul fiqh with an updated structure; Returning several views on several issues and using new opinions on existing problems, as well as reusing aqli in discussing these problems; Returning some views on the application of the rules to this science and in this application sticking to other views; Restoring this scientific structure by the novelty of the illat, and make this renewal according to the character of ushul fiqh according to their respective streams.
KAJIAN MAQASHID AL-SHARI'AH TERHADAP NILAI-NILAI ISLAMI PADA SEBUAH TRANSAKSI Muhammad Zainuddin Sunarto; Putri Nur Afrida; Ulfia Nuriantini
JURNAL HAKAM Vol 6, No 1 (2022)
Publisher : Fakultas Agama Islam Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v6i1.4467

Abstract

All forms of muamalah can be done unless evidence forbids it. In Islam, lending and borrowing are not prohibited. Even people who give debts or loans to other people who are in dire need are something that is liked or recommended because in it there is a great reward. The reality in society is that the financial transactions carried out are not by sharia values; this is evidenced by the absence of elements that must be found in the transaction, such as contracts and clarity of the price of goods. Most Indonesian occupation adherents of the Syafii madhhab, which in the sharia fiqh discourse, all transactions carried out must be based on a clear contract. Apart from that, the public has not been adequately educated regarding the urgency of sharia transactions in each economic activity because this is correlated with carrying out God's commands and religious values . In every sharia transaction, the contract agreement is made by the parties to be implemented/fulfilled together, not to be violated or ignored, because the contract agreement has a binding nature for the parties agreeing. Hence, the contract is a powerful tool and has an urgent position in every sharia transaction. The contract must be fulfilled and maintained as a joint commitment, and the contract is the primary reference in the event of a dispute. The dharuriyyah element in a sharia transaction can be found in Islamic values that must appear in every contract carried out by each individual; this shows the implementation of hifz al-din because carrying out religious orders related to a contract. So with the description above, the values of Islamic teachings contained in a contract or transaction that must be implemented are a form of maqashid al-shari'ah that must exist in the practice of muamalah.
MAPPING OF DIVORCE-PRONE AREAS BASED ON GEOGRAPHIC INFORMATION SYSTEM Moch Tohet; Muhammad Zainuddin Sunarto
JURNAL HAKAM Vol 7, No 1 (2023)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v7i1.6523

Abstract

The research aims to determine the location points prone to divorce in the Kraksaan District Court with the Geographic Information System application so that it can make it easier for the Kraksaan Religious Court officers to make decisions and make it easier for all people and admins in particular. The research method used in this study combines qualitative and quantitative methods. Qualitative methods are used in data collection using literature studies and observations. At the same time, the quantitative method is tested to obtain conclusions in developing this research system, namely using the waterfall method with the stages of analysis, design and coding. The study results show that: the geographic information system-based mapping application of divorce-prone areas is very effective in identifying areas that require special attention in resolving divorce cases. The information obtained from this application helps the court to direct prevention, counselling and mediation efforts in areas prone to divorce, as well as to optimize the allocation of resources and support programs accordingly.