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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam AT-TURAS: Jurnal Studi Keislaman TRILOGI: Jurnal Ilmu Teknologi, Kesehatan, dan Humaniora Al-Istinbath: Jurnal Hukum Islam

A. Malthuf Siroj, A. Malthuf

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Author-ID : 540754

Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Religious Moderation and Family Resilience in the City of Malang, Indonesia: The Historical Perspectives of the Islamic Law Fadil, Fadil; Marwinata, Pepy; Jannah, Shofiatul; Siroj, A. Malthuf
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.19821

Religious moderation is a moderate attitude or perspective in religion that is fair and balanced. A moderate mindset and behavior in the family is very significant for married couples to avoid things that can damage the honor and dignity of the family. The research method used is an empirical legal study with an approach to the history of Islamic law. Data was collected through in-depth interviews with a number of informants namely, academics, housewives, teachers and self-employed people. While document studies are carried out by analyzing journal articles, books and various references related to the discussion. The research found that a moderate religious perspective and attitude are critical for family life. Family resilience strategies include belief systems, organizational processes, communication processes, and problem solvers. Among the materials that are very important for strengthening religious moderation in the family are tolerance, leadership in the family, division of roles in the family, equal relations between a husband and a wife, respect for the existence and quality communication of all family members, and cultivating negotiation in decision-making, And no less important is a moderate religious understanding. In terms of the Islamic law history, several families, such as the Prophet Ibrahim’s family, the Imran family (Alu Imran), and the Prophet Muhammad PBUH, can be used as examples of cultivating the true values of monotheism, humanity, social solidarity, and even purity and self-respect. Meanwhile, in Indonesia, the family of Hadaratus Sheikh KH. Hasyim Asyari, the founder of Nahdlatul Ulama can be used as an example who gives birth to children and grandchildren and even families who have a sense of nationalism, religion, humanism, pluralism and social solidarity.

Analisis Hukum Terhadap Kedudukan Ahli Waris Pengganti, Anak Hasil Zina, Dan Anak Hasil Luar Nikah Siroj, A. Malthuf; Sunarto, Moh. Zainuddin; Marzuki, Ismail
TRILOGI: Jurnal Ilmu Teknologi, Kesehatan, dan Humaniora Vol 3, No 1 (2022)
Publisher : Universitas Nurul Jadid

Hukum waris merupakan seperangkat aturan hukum yang mengatur tentang mekanisme pemindahan harta peninggalan pewaris kepada ahli warisnya sesuai dengan bagian masing-masing yang telah ditentukan. Penelitian ini memaparkan secara komprehensif tentang kedudukan dan status ahli waris pengganti, anak hasil zina dan anak hasil luar nikah. Mengingat masih banyak kalangan yang menilai bahwa ketiganya tidak berada dalam posisi sebagai ahli waris. Metode yang digunakan dalam penelitian ini adalah metode yuridis-normatif dengan pendekatan deskriptif analitis. Berdasarkan analisa yang dilakukan diketahui bahwa ahli waris pengganti berdasarkan asas keadilan berhak untuk mendapatkan harta pusaka, namun besaran bagiannya tidak boleh melebihi dari bagian ahli waris yang sederajat dengan yang diganti. Sementara kedudukan anak hasil zina dalam hal waris-mewarisi hanya ada pada nasab ibunya dan keluarga ibunya, tidak pada laki-laki yang menyebabkan lahirnya anak tersebut, namun lembaga yang berwenang dapat menjatuhkan ta’zir dengan mewajibkannya untuk memenuhi kebutuhan anak tersebut dan pemberian harta saat ia meninggal dunia melalui wasiat wajibah. Adapun anak hasil luar kawin statusnya sama dengan anak dari hasil perkawinan yang sah berdasarkan putusan Mahkamah Konsitusi.

Transformation and Future Challenges of Islamic Law in Indonesia Siroj, A. Malthuf; Marzuki, Ismail; Elkhairati, Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6618

This study aims to investigate the transformation of Islamic law starting from pre-entry of Islam to Indonesia, entry of Islam, colonialism, and independence to current reformation in Indonesia, as well as various challenges to the formalization of Islamic law. The method used was a qualitative method with the type of library research namely by researching and reviewing legal materials that include primary legal materials, secondary legal materials, and tertiary legal materials that relevant to the object of this research. The results show that pre-entry of Islam to Indonesia, the applicable law was adat law, then since the entry of Islam into Indonesia, Islamic law has been well accepted and implemented by the community, and even its existence has gained legitimacy from both legal experts and the Dutch government. After Indonesia's independence, especially during the Old Order era, Islamic law did not transform significantly. During the New Order after such party collapsed, Islamic law began to transform significantly. Although since the reform period, Islamic law has transformed significantly, the challenges of Islamic law are serious, both internal and external. The most dominant internal challenges among are not fully codified Islamic law, Indonesian pluralistic condition, politics of the rulers' law, misconceptions of some legal experts about Islamic law, and other. Meanwhile, external challenges include influence of transnational ideologies which give a negative stigma against Islam, the development of Western ideologies that clash with Islamic law and the human rights, and strong influence of the domination of Western law in Indonesia.

Konsep Kemudahan dalam Hukum Perspektif Al Quran dan Hadist Siroj, A. Malthuf
JURNAL AT-TURAS Vol 6, No 2 (2019): Hukum Islam dan Moderasi Agama
Publisher : Universitas Nurul Jadid

Every law has its own features and characteristics that reflect its identity and essence, Islamic law is no exception. One of the peculiarities of Islamic law is that it is rabbani (not man-made), comprehensive, easy, realistic, there is no legal imposition beyond human capability, and it's moderate. The characteristics of Islamic law in addition to showing the value of compassion (mercy), also makes the Sharia brought by the Prophet Muhammad always survives and relevant in every place, time and circumstance. Al-Qur'an and Hadith as two main sources of Islamic teachings explain a lot, both explicitly and implicitly, about the principle of ease in law. This is a form of Islamic attention to the situations and conditions experienced by humans that are relatively different in relation to the practice of Islamic teachings. From the two sources of the Shari'a the scholars formulated a number of rules which substantively contained the spirit of ease in law. So that even in difficult and narrow conditions, Islam guarantees its adherents not to come out of the Shari'a frame with an alternative dispensation called rukhshah.Keywords: Ease, law, rukhshah, al-Qur’an, hadith

Eksistensi Hukum Islam dan Prospeknya di Indonesia Siroj, A. Malthuf
JURNAL AT-TURAS Vol 5, No 1 (2018): Hukum Islam dan Tantangan Global
Publisher : Universitas Nurul Jadid

Indonesia as one of the most populated-by-Muslim country has a long historical experience in implementing Islamic law. In each era, the practice of Islamic law differs one another due to the legal politics which influence it. Prior to the Dutch colonialism, Islamic law was prevalent among Muslims with political support from the royal kingdom of Islam such as in Aceh, Palembang, Banjarmasin, Banten, Demak, Jepara, Tuban, Gersik, Ampel and Mataram. Islamic law grew and developed in the midst of society beside adat law. In the Dutch colonial era the policy of the colonial government against Islamic law had its ups and downs in line with the legal theory that emerged at the time. On the one hand, it tends to be accommodative, while confrontational on the other hand. In the era of independence the position of Islamic law became stronger with the enactment of the 1945 Constitution which guaranteed the right of every citizen to embrace religion and practise religious law. In the New Order era, several laws have been enacted, which strengthened the position of Islamic law, especially the Islamic civil law. This tends to develop in the Reform era, marked by strengthening Muslim aspirations and regional autonomy. Consequently, the Islamic law is increasingly practised, though still limited in the field of civil law and Islamic economics. The enforcement of Islamic criminal law in Indonesia still encounter many obstacles both conceptually and legally. This article will examine the existence and the prospect of Islamic law in Indonesia by observing its strengths, weaknesses, opportunities and challenges.

KONTROVERSI MASHLAHAH PERSPEKTIF NAJM AL-DIN AL-THUFI AL-HANBALI Siroj, A. Malthuf
JURNAL AT-TURAS Vol 2, No 1 (2015): Hukum Islam dan Isu Gender
Publisher : Universitas Nurul Jadid

Najm al-Din al-Thufi al-Hanbali is a smart, intelligent, productive and brave Islamic Scholars. He was considered as controversial person among his colleagues, because of his views on mashlahah are different from the other scholars of Usul -Fiqh in general. He said that the most important sources of Islamic law are the texts (Al-Quran and Al-Sunnah). It is no problem if both are relevant with mashlahah. However, if they contradict the mashlahah, the solutions that can be taken is prioritizing mashlahah of texts by specification(takhsis), not eliminating texts . At this point Thufi’s thought is considered as controversy. This article will attempt to examine this controversy using argumentative and philosophical approach to be able to point it objectively not tendentiously.

Hukum Islam sebagai Hukum Progresif Siroj, A. Malthuf
JURNAL AT-TURAS Vol 8, No 2 (2021): Hukum dan Pemikiran Islam
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v8i2.1934

Progressive law (hukum progresif) as a discourse emerged as a response to law enforcement in Indonesia which was concerning, because there had been commercialization and legal engineering by a group known as the judicial mafia so that it deviated from Indonesia's ideals as a state of law. It was Prof. Satjipto Rahardjo who initiated progressive law. Conceptually, progressive law wants to restore the function of law so that it is in accordance with its objectives, namely upholding justice and realizing the benefit of humans. Thus, law according to the concept of progressive law must be dedicated to humans, not the other way around, and to realize justice, the law must always develop dynamically, it must not stagnate in the form of a rigid statutory text. This study wants to see whether Islamic law can also be called progressive law. From the results of the study, it was found that conceptually Islamic law can be categorized as progressive law, although not completely, because Islamic law originates from God's divine revelation

Co-Authors Elkhairati, Elkhairati Fadil, Fadil Ismail Marzuki Marwinata, Pepy Shofiatul Jannah Sunarto, Moh. Zainuddin

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