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FAKTOR PENYEBAB PERNIKAHAN BEDA AGAMA DI INDONESIA Alfarisi, Usman; Fadil, Ahmad; Sadari, Sadari; Arrazy, Lazuardi Fadhlan
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.22385

Abstract

This study aims to describe the factors causing interfaith marriages in Indonesia. The research method used is qualitative with a literature approach, where all data is obtained from relevant written materials. The research results show that the factors causing interfaith marriages in Indonesia include unharmonized regulations regarding interfaith marriages, differences in judges' perspectives when deciding cases, and the role of facilitators who provide a platform for couples wishing to marry across religions. This study emphasizes that interfaith marriages do not occur without cause but are supported by several factors that enable their occurrence. The implications of this study indicate the need for harmonizing regulations and increasing legal understanding related to interfaith marriages to reduce the incidence of such cases in the future. This is important to create harmony in law enforcement and provide legal certainty for the community.
KONSEP GENDER DALAM TAFSIR SYECH MUTAWALLI SYA'RAWI DAN APLIKASI HUKUM SOSIALNYA Hadi , Abdul; Sadari, Sadari; Mujiono, Mujiono
Relinesia: Jurnal Kajian Agama dan Multikulturalisme Indonesia Vol. 3 No. 5 (2024): Relinesia: Jurnal Kajian Agama dan Multikulturalisme Indonesia
Publisher : Anfa Mediatama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Gender merupakan sifat dan perilaku yang dilekatkan pada laki-laki dan perempuan yang dibentuk secara sosial maupun budaya. Permasalahan gender seakan tidak ada habisnya. Banyak isu-isu yang muncul kemudian tertuju pada kesetaraan gender yang dialami antara laki-laki dan perempuan. Tujuan penelitian ini yaitu untuk mengetahui konsep gender dalam tafsir syech mutawalli sya'rawi dan aplikasi hukum sosialnya. Metode yang digunakan dalam penelitian ini adalah library research, yang mana referensi digunakan berasal dari buku, kitab dan jurnal-jurnal. Adapun jenis penelitian yang digunakan dalam penelitian ini adalah yuridis normatif berupa penelitian kepustakaan karena penelitian dilakukan dengan mengkaji mengenai hal-hal yang berkaitan dengan keluarga sakinah dari para ulama. Sementara pendekatannya menggunakan pendekatan pada konsep gender tafsir syech mutawalli sya'rawi. Hasil penelitian ini menunjukkan bahwa Konsep gender dalam tafsir Syekh Mutawalli Sya'rawi memiliki pengaruh yang signifikan dalam hukum sosial. Dalam tafsirnya, prinsip kesetaraan gender yang diatur dalam Al-Qur'an menegaskan bahwa laki-laki dan perempuan diciptakan dari satu jiwa yang sama, sehingga memiliki hak dan martabat yang setara di hadapan Allah. Sya'rawi mengartikan kesetaraan ini tidak hanya sebagai teori, tetapi juga sebagai landasan praktis dalam penerapan hukum sosial.
FOUNDING FATHER PERUMUSAN DIMENSI MODERASI FIQH ISLAM: Studi Hukum Kelurga Islam Bidang Perkawinan di Indonesia dari Orde Baru Menuju Pasca Reformasi Sadari, Sadari
Moderation | Journal of Islamic Studies Review Vol. 1 No. 1 (2021)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v1i1.17

Abstract

Abstract: This article has the dimension of Fiqh in highlighting the context of Islamic family law whose locus is in Indonesia because it is suspected that it still has contra-legality of the law. This is due to: first, the level of diversity (heterogeneity), second, differences in the meaning of religious law between the majority of Indonesian Muslims who accept the presence of other religions, third, still have legal anomalies, fourth, the Indonesian system adheres to multi-religions, fifth, there is legal unification in Indonesia, sixth, has complex and complicated issues, especially in contemporary affairs in the fields of human rights, democracy, nation-state, civil society and constitutionalism. Along with the swift flow of globalization, the six reasons above have great potential to sweep away Islamic family law in Indonesia. Therefore, it is necessary to moderate the dimensions of Islamic fiqh which have relevance, namely by tracing the founding fathers of the formulation of Islamic family law in Indonesia from the era of the New Order era to the post-reform era.
MODERASI SANTRI DALAM PERSFEKTIF SOSIOLOGI PENGETAHUAN: Studi Analisis Pola Kepimipinan Gender dari Habib Saggaf bin Mahdi bin Syekh Abu Bakar bin Salim di Pesantren Al- Ashriyya Nurul Iman Parung-Bogor Sadari, Sadari
Moderation | Journal of Islamic Studies Review Vol. 1 No. 2 (2021)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v1i2.28

Abstract

Moderation of students in the midst of global developments is a challenge in itself. This of course really depends on the pattern of gender leadership in Islamic boarding schools. This article conducts an in-depth analysis of how the sociology of knowledge can detect the students who have been fostered in Islamic boarding schools, so that in the future they can provide enlightenment to themselves, their families, the people and the nation, so that they become social agents who are able to bring about social change that puts forward an understanding of Islam that is moderate. Moderate means here, of course, to avoid all forms of discrimination that cover socio-cultural aspects to religion. The practice in the discussion here focuses on gender issues in the Gender leadership pattern of Habib Saggaf bin Mahdi bin Sheikh Abu Bakar bin Salim at the Al- Ashriyya Nurul Iman Islamic Boarding School Parung-Bogor. Pesantren in recent times has given a new face to Islamic studies, because the face of pesantren has received a stereotype (negative labeling) for its teachings related to fiqh which always discriminates against women (gender bias). Islam always protects the human rights of both men and women wherever they are, to be able to take part constructively in society. Likewise, Islam guarantees equality and equality of rights in terms of education, health, economy, legal protection, and political rights that enable them to lead and be led or vote and be elected. Through the sociology of knowledge, it is known that the role of Pondok Pesantren with its leadership pattern is a vital elan of santri in all the movements of their lives in the future. This article explains how to look at these two components.
PESANTREN NAWESEA MENJADI UNIVERSITAS KELAS DUNIA PEMIKIRAN YUDIAN WAHYUDI Akso, Akso; Sadari, Sadari
Moderation | Journal of Islamic Studies Review Vol. 2 No. 1 (2022)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v2i1.33

Abstract

This article is to explain how to reform Islamic boarding schools towards the era of industrialization in Yudian Wahyudi's thought. The analysis in this article uses a qualitative method with a naturalistic paradigm, namely research that aims to describe and find novelties in order to answer the challenges of globalization in the Nawesea Islamic boarding school in Yogyakarta as the object of research. Pesantren education has been over-specialized and over-produced by deepening its religion on attafaqquh fiddin (studying religion). For this reason, in responding to the challenges of globalization, pesantren must move to seek knowledge from the fardu ain and then to the fardu kifayah. So that the potential of students is not cut off, in the future students will not only be able to study religion, but will be able to master general sciences. This is implied in the meaning of the hadith that the ulama (plural of alim) are the heirs of anbiya '(plural of the word prophet). It is hoped that in the future students will inherit one of Noah's legacy of expertise and miracles, namely the shipping sector, inherit one of the skills and miracles of the Prophet Yusuf, namely the field of Economics, inherit one of the skills and miracles of Prophet Dawud, namely the field of iron technology, inherit one of the skills and miracles of Prophet Sulaiman, namely communication (lingua franca) of contemporary civilization, inheriting the expertise and other miracles of Prophet Solomon, namely the field of Management, inheriting one of the skills of Prophet Isa, namely the field of Medicine. To become the world's best university, it took Harvard nearly 4 (four) centuries. Likewise, the Nawesea Islamic boarding school certainly needs a long time to change Sunan Averroes into Harfard, history will answer.
KETAHANAN KELUARGA DI PESANTREN HIDAYATULLAH BALIKPAPAN Paryadi, Paryadi; Sadari, Sadari
Moderation | Journal of Islamic Studies Review Vol. 2 No. 2 (2022)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v2i2.58

Abstract

The family divorce rate in Indonesia is high and worrying because it is increasing every year. This is because of the various problems and challenges in each family member in Indonesia. Despite various government efforts to strengthen the resilience of this family institution. On the one hand, Pesantren Hidayatullah Balikpapan with its vision and mission, the program is able to construct family resilience based on the pesantren community. So that the divorce rate is low and there are minimal family problems. The results of the research on family resilience built by the Hidayatullah Islamic Boarding School in Balikpapan with various efforts and programs in accordance with the maqashid shari'ah, namely the protection of ushul khamsah (religion, soul, mind, lineage and property). In terms of aspects and indicators of family resilience set by the ministry of Empowerment, Protection of Women and Children, there is also strong relevance.
YURIDISI PERCERAIAN DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM (KHI) DI INDONESIA Sugiarto, Eysar; Sadari, Sadari; Bahruddin, AH
Moderation | Journal of Islamic Studies Review Vol. 3 No. 1 (2023)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v3i1.68

Abstract

Basically, in Islam justifying a husband who is going to divorce his wife is only enough to say itin front of his wife or another person (witnesses) then divorce falls, but in state life, one must obey governmentregulations, as long as they do not conflict with Islamic law itself because obedience to the government is partof the obligation as a Muslim. The government established a regulation on divorce with the aim of orderlyadministration as well as the problem of registering marriages, and childbirths and making divorce difficult.This is basically to the principles of Islamic law regarding divorce, namely making it difficult for divorce tooccur. In addition to the principle of complicating divorce, the government issued the regulation also has alegal goal that KHI (Compilation of the Islamic law) rules are in line with the concept of maqasidsyariah including at the center the principles of protecting religion, protecting the soul, protecting the mind,protecting offspring, and protecting private property rights. With the existence of these principles and concepts,the decisions of the Religious Courts in divorce cases that occur in the community become inkracht. TheCourt's decision in divorce cases is to maintain legal certainty that will occur after the divorce, namelyprotecting the rights and obligations of husband and wife, and protecting the rights of their offspring(children). Divorce if it occurs outside the court according to KHI is not justified, this is to the contents ofArticle 115 KHI which states that divorce can only be done before a court hearing after the court has triedand failed to reconcile the two parties. In terms of data collection techniques, the authors use library research,namely by studying books and journals that have something to do with the subject matter. From the resultsof the research that there are still many people who think that divorce can be done anywhere, and thishinders the renewal of Islamic law. Divorce which is carried out in front of a court session aims to realizebenefits in the form of protection for family institutions and the realization of legal certainty where marriageis not so easily broken. The KHI does not regulate the legalization of divorces that are carried out outsidethe Court. This is based on Article 115 KHI that divorce must be carried out before a court hearing.
MEMBANGUN KESETARAAN GENDER DALAM KEHIDUPAN KELUARGA PASANGAN PEKERJA: ANALISIS KONSTRUKSI-NORMATIF Aeni, Nurul; Sadari, Sadari
Moderation | Journal of Islamic Studies Review Vol. 3 No. 2 (2023)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v3i2.94

Abstract

The issue of gender equality is often an interesting issue to be studied in various spheres of life both in the public sphere and in the domestic sphere. In good family life is determined by the life partner himself. There are families who decide on the husband as the head of the family and work to support the family and the wife remains at home carrying out her domestic obligations such as cooking, child care and other domestic obligations. There are also families where the wife is the backbone of the family, the wife works outside the home to provide for her family and the husband supports the wife to help with her domestic obligations, there are also families that live together between husband and wife work both ways. In this paper will be studied how the concept of gender equality, how to build gender equality in family life where married couples both work in constructive and normative analysis. The results of this study found several points. First, gender injustice that occurs is caused by culture that is constructed in society. Second, gender injustice in family life still occurs and the forms of gender injustice include marginalization, subordination, stereotypes, violence and double burden. Third, three working couples who were informants in this study in their family lives experienced gender injustice, namely double barden, but even so the family remained happy because their main role in the family was carried out responsibly. Gender equality in the family of working couples must be realized through strengthening the fair division of roles between men and women in the family in accordance with Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law.
PERWUJUDAN EMPIRIS KULIAH KERJA NYATA (KKN): Studi Peningkatan Komunikasi dan Informasi Pelayanan Publik di Kelurahan Leuwinanggung Agustian, Agustian; Julianti, Neneng; Wandatari, Rilanda; Amin, Muhammad; Jamaludin, Muhamad; Irnawati, Icoh; Mudofir, Mudofir; Sadari, Sadari; Khotimah, Husnul
Moderation | Journal of Islamic Studies Review Vol. 4 No. 1 (2024)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v4i1.107

Abstract

Communication is very important for public services, especially in the government apparatus or bureaucracy. Public service information must be conveyed clearly and straightforwardly, so that there is no misunderstanding between the conveyor and recipient of information. As happened in Leuwinanggung Village, especially in RW 005, often public service information is not conveyed. As the KKN-T (Thematic Real Work Lecture) was carried out in Leuwinanggung Village, these problems began to be faced and corrected, with the creation of information boards (Mading). As the best means that has been chosen to improve the communication system of public service information. Therefore, the creation of an information board (Mading) has been carried out on February 24, 2024, and received a positive response from the RT/RW and the local community. Because one of the problems in the region has got a solution.
KONTEKSTUALISASI HUKUM WARIS DI INDONESIA DALAM PERSPEKTIF AL-QUR’AN DAN HADIS Suryaman, Ujang; Sadari, Sadari; Hadi, Abdul; Mujiono, Mujiono; Bahruddin, Ah
Moderation | Journal of Islamic Studies Review Vol. 4 No. 2 (2024)
Publisher : Asosiasi Dosen PTKIS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63195/moderation.v4i2.111

Abstract

Everyone will experience the process of mutual inheritance. During the distribution of inheritance, sometimes there are many disputes or disputes between heirs. Problems arise because they feel that there is no justice or because there is a lack of understanding of this problem. In Indonesia, there are three types of inheritance law systems, namely Islamic inheritance law, customary inheritance law and burgerlijk wetboek (BW) civil inheritance law. This research aims to find out how the Qur'an and Hadith view the inheritance law system prevailing in Indonesia and the importance of Muslims to take a system that is in accordance with the Qur'an and Hadith. This research method uses a qualitative approach with the type of literature research (liberary research). Qualitative research is research that is descriptive and tends to use analysis. The analyses used are inductive analysis, deductive analysis and comparative analysis. The results of this research are very important for implementing Islamic inheritance law, because it is obedience to Allah in the Qur'an and Hadith. The Islamic inheritance system that applies in Indonesia is based on the Islamic Law Compilation (KHI) guidebook which has been adapted to the Qur'an and Hadith and the fiqh book of scholars. Settlement of inheritance disputes for Muslims can only be resolved at the Religious Court in accordance with Law Number 3 of 2006 as amended by Law Number 7 of 1989. The civil inheritance legal system in Indonesia is only intended for non-Muslim citizens.