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Politik dan Konservatisme Islam: Indonesia dan Tunisia Budi Juliandi; Basri Ibrahim; Saifuddin Herlambang
Proceedings of Annual Conference for Muslim Scholars No Series 2 (2018): AnCoMS 2018: Book Series 2
Publisher : Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

Conservatism is needed to maintain harmony in the Muslim community. Conservatism, therefore, is not always negative. However, facing a public opinion controlled by conservative forces, is much more difficult than facing a despotic political force. This paper shows that politics has defied Islamic conservatism in Indonesia and Tunisia. Conservatism ridden by politics causes communal violence that not only destroys one's reputation, but also a moderate understanding of Islam. This paper reinforces Hamayotsu’s (2014) assertion that political competition among elites over distribution of state resources, land, ethnicity and other identities were the primary cause of the conflict. Instead, this paper addresses the statement of Christoper Duncan (2014) which states that the essential source and character of the communal violence is religion.

Demanding Equal Inheritance Rights For Women: Tension Among Shari’a and Tunisia’s New Constitution 2014 Budi Juliandi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 7 No. 2 (2022): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : IAIN Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v7i2.6259

President Essebsi (2017) approved the law of gender equality in inheritance in Tunisia. Instead of gaining public appreciation of Islam, this achievement was seen as contrary to sharia. This research seeks to address whether or not there could be a common ground between applying sharia and gender equality through an examination of sharia regarding inheritance, and, finally, an attempt to show the relationship between sharia and the Tunisia’s constitution of 2014 in responding to social change. The paper argues that in spite of the constitution’s progressive language, women still face legal discrimination in their ability to inherit because of sharia.

Top-Up Individual Services On Fund Applications In Kota Langsa (Comparative Study Of Shafi`Iyyah And Malikiyyah) Firdaus, Muhammad; Budi Juliandi; Nadia Ayuna
Jurnal Investasi Islam Vol 8 No 2 (2023): Jurnal Investasi Islam
Publisher : FEBI IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jii.v8i2.7587

The use of digital money (e-money) is very common around us. It can be seen that many individual top-up services can make it easier for us to exchange cash for digital money, in this case, the author uses the DANA digital wallet as the object of research. This study aims to determine whether the mechanism for the top-up of individual services on the application of funds is by the sharf contract and the views of Syafi`iyyah and Malikiyyah on sharf transactions that are late or not cash. In this research, the writer uses the juridical-empirical research method. Based on interview data obtained from individual service top-up transactions, there are obstacles in terms of the network that can make top-up transactions require a waiting time of 2x24 working hours, from the analysis according to Syafi`iyyah and Malikiyyah, sharf transaction contracts must occur in cash, but Syafi` iyyah allows sharf transactions to occur slowly as long as the buyer and seller do not separate, on the contrary Malikiyyah requires sharf transactions to occur quickly even though the two are not separated, the transaction must be completed as quickly as possible.

Tangis Bundo Kanduang: Sub-Altern Perempuan Minang dalam Tradisi Bajapuik di Pariaman Juliandi, Budi; Reza Fadil, Muhammad
Tasyri' : Journal of Islamic Law Vol. 2 No. 2 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i2.81

The Bajapuik tradition describes the ongoing process of patriarchal ideological hegemony in social relations, in which the interests of the male community as a superior class are hidden, and the social rights of women as members of society are suppressed. This is a portrait of the process of gender discrimination. In the case of the bajapuik tradition, no matter how high the achievements of women and no matter The bajapuik tradition describes the ongoing process of patriarchal ideological hegemony in social relations, in which hidden the interests of the male community as a superior class, there is a suppression of women's social rights as members of society. This is a portrait of the occurrence of the process of gender discrimination. In the case of bajapuik tradition, no matter how high the achievements of women and how high the intellectual qualities of women still cannot raise their social status on par with men. This article wants to know how the struggle between customary tradition and Islamic law occurred in the Bajapuik tradition in Pariangan. Through qualitative research, it was concluded that the debate between adat and sharia in Minangkabau, adat always emerged as the main winner, especially in terms of bajapuik marriage. Sharia principles that emphasize women's rights are often left behind by customary domination. In the name of respect for custom, the bajapuik tradition increasingly provides greater benefits to the male side.how high the intellectual quality of women still cannot elevate their social status to equal with men

Distribusi Harta Milik Negara Perspektif Ibn Taimiyah Juliandi , Budi; Khairuddin, Muhammad Khairuddin
Tasyri' : Journal of Islamic Law Vol. 3 No. 1 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i1.86

Normatively, the provisions regarding the distribution of state property in Islam have been regulated in the Quran. However, for an interest, the distribution turned out to be done outside of what was mentioned by nas. This study explores Ibn Taymiyyah's thoughts on the distribution of state property that are not explicitly mentioned by nas. This is a literary study that explores Ibn Taymiyah's economic thought. The main source of this research is Ibn Taymiyyah's work entitled al-Siyasah al-Shar'iyyah fi-Ishlah al-Ra'i wa al-Ra'iyyah. The study concluded that state property could be given to the elite of society (ru'asa'). The elite of society in question is the elite of the society both of non-Muslim societies and of the elites of Muslim societies

Children Citizenship Status of Acehnese-Rohingya Mixed Marriage in Aceh: Maqāṣid Sharī’ah Perspective Husna, Nurul; Asy Ari, M Khoirul Hadi al; Suryani, Sitti; Anizar, Anizar; Juliandi, Budi
Al-Ahkam Vol 34, No 1 (2024): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.1.20162

Citizenship status is important in mixed-country marriages. This research explores the important issue of citizenship in mixed marriages between Rohingya refugees and local Acehnese. The research aims to examine whether the citizenship status of the children of such marriages is based on the doctrine of revival or habitual residence. Using a literature review method with a descriptive qualitative approach, this research investigates the concepts and legal implications surrounding citizenship status in such marriages. The findings of this study reveal that the citizenship status of children born from Acehnese-Rohingya marriages follows habitual residence, even though their Rohingya parents adhere to the doctrine of revival The legal status of these children is subject to the Indonesian marriage law system. This is in line with Jasser Auda’s concept of maqāṣid sharī’ah because it prioritizes aspects of the benefit of these children. This research provides important insights into the issue of citizenship In Acehnese-Rohingya marriages and offers valuable meaning for understanding the dynamics of citizenship in these marriages.

WALI NIKAH BAGI PEREMPUAN YANG LAHIR KURANG DARI ENAM BULAN USIA PERKAWINAN DI IDI RAYEUK Fadli, Fadli; Juliandi, Budi
TAHKIM Vol. 20 No. 1 (2024): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v20i1.2852

This research is about marriage guardians for women born less than six months of marriage at Idi Rayeuk. This research is an empirical study using a sociological approach. However, the theoretical aspects remain put forward. There are three research questions here: First, how is the determination of marriage guardians by marriage officer in Idi Rayeuk for women born less than 6 months in Idi Rayeuk. Second, how is the determination of the six-month period of pregnancy by marriage officer in Idi Rayeuk. Third, what is the legal basis used by marriage officer in Idi Rayeuk in establishing marriage guardians and a six-month period for women born less than six months of marriage. The results showed that the determination of the guardian judge by marriage officer in Idi Rayeuk for women who were born less than six months from the marriage period was a compromise between positive law and the applicable law in the community, namely the Shafi'i school of fiqh, including the compromise between marriage officer in and the public. The family law becomes converted into a living law which is a compromise of some of the rules contained in positive law and the Shafi'i jurisprudence. Theoretically-practically, it is the wali hakim who acts as the guardian for women born less than six months of marriage as in the Shafi'i school of fiqh. Not a biological father. But in recording the name of the guardian, still includes the name of the biological father. Shafi'i Jurisprudence is carried out while still carrying out state rules, namely by recording it on the form containing the name of biological father. Keywords: marriage guardian, woman born less than 6 months, legal guardian

Demanding Equal Inheritance Rights For Women: Tension Among Shari’a and Tunisia’s New Constitution 2014 Budi Juliandi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 7 No. 2 (2022): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v7i2.6259

President Essebsi (2017) approved the law of gender equality in inheritance in Tunisia. Instead of gaining public appreciation of Islam, this achievement was seen as contrary to sharia. This research seeks to address whether or not there could be a common ground between applying sharia and gender equality through an examination of sharia regarding inheritance, and, finally, an attempt to show the relationship between sharia and the Tunisia’s constitution of 2014 in responding to social change. The paper argues that in spite of the constitution’s progressive language, women still face legal discrimination in their ability to inherit because of sharia.

Syarifah Sungai Raya Aceh Timur: Marriage and the Struggle to Find Identity Juliandi, Budi; Zulfikar, Zulfikar; Mudrika, Syarifah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 1 (2022): 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.v6i1.9149

Every society has its own characteristics and identity that distinguish them from the others. Their diverse backgrounds form different views. This study explores the struggle to find Syarifah's identity in Sungai Raya Aceh Timur, related to their marriage. This study is an empirical legal research that examines the application of law in the reality of society. The data collection technique used is by conducting in-depth interviews, observations and literature studies related to the discussion of marriage. This study concludes that most Syarifah Sungai Raya believe in the doctrine of Sayyid-Sharifah endogamy marriage. However, some cannot deny the fact that exogamous marriages also occur. The doctrine of endogamous marriage raises a new awareness of their identity as zurriyyat of the Prophet PBUH. Because of this, exogamous marriage is a last resort when the goal of endogamous marriage cannot be met.

Negosiasi antara Hukum Positif dengan Hukum Islam: Penetapan Wali Nikah di Kantor Urusan Agama Idi Rayeuk, Aceh, Indonesia: Negosiasi antara Hukum Positif dengan Hukum Islam: Penetapan Wali Nikah di Kantor Urusan Agama Idi Rayeuk, Aceh, Indonesia Fadli, Fadli; Juliandi, Budi
Journal of Islamic Law Vol. 2 No. 2 (2021): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v2i2.329

Indonesian Marriage Law stipulates that biological fathers have the right to become marriage guardians for children born less than six months of the age of marriage of their parents. The Office of Religious Affairs (KUA) Idi Rayeuk gave the guardian judge the authority to replace the biological father’s position to marry off his daughter. This article aims to determine how Indonesian Marriage Law and Islamic law were compromised and negotiated at KUA Idi Rayeuk in determining marriage guardians for children born less than six months of their parents’ marriage age. This research is normative-empirical research by using interviews and documentation collected during July-December 2019 as the data source. The results showed that the determination of guardian judges at KUA Idi Rayeuk for women born less than six months of marriage to their parents resulted from compromise and negotiation between positive law and Islamic law, especially Syafi’i fiqh. KUA Idi Rayeuk and religious leaders agreed to use Syafi’i fiqh to appoint judges’ guardians as marriage guardians for children born less than six months of their parents. marriage age. The result of these negotiations is that the marriage practice is given to the judge’s guardian following the practice of the penghulu representing the nasab guardian in marriage (representative guardian). The name of the judge’s guardian is not included in the documents related to the marriage.

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