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MAQAṢID AL-SYARIAH IN FATWA YUSUF AL-QARDHAWI ABOUT MISYAR MARRIAGE Jumria P; Faisal Faisal; Husnul Yaqin
CENDEKIA: Jurnal Studi Keislaman Vol. 9 No. 1 (2023): JUNI 2023
Publisher : Sekolah Tinggi Agama Islam Hasan Jufri Bawean

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

Abstract

The existence of misyar marriage does not aim to build sakinah, mawaddah and rahmah households. Meanwhile, according to Yusuf al-Qardhawi in his fatwa, it is permissible as long as it is in an urgent condition. So the author looks at it from the point of view of his Maqasid al-Shariah. Research Methods In this study using a qualitative descriptive approach. Protection of the Soul/Body (Hifz al-Nafs). Scholars who allow misyar marriage are of the opinion that when viewed from the realization of the great goals of a marriage, it is true that misyar marriage is not an ideal form of marriage. Property Protection (Hifz al-mal). With misyar marriage, a rich wife can help her husband's economy which may be weak. This is in line with the concept of maqaṣid al-shariah in the realm of al-nafs at the tahsiniyat level. Apart from that, with a misyar marriage, the wife is lucky because she has someone who can protect herself and her property from damage and interference from other parties. Protection of the Intellect (Hifz al-Aqli). Forms of human care for the mind and thoughts by living a healthy way and continuing to develop their natural talents. Protection of Offspring (Hifz al-Nasl). The initial purpose of marriage is so that husband and wife can live together forever, day and night in order to achieve a life that is sakinah, mawaddah, wa rahmah.
TINJAUAN SOSIOLOGIS TERHADAP HAMBATAN PROGRAM BIMBINGAN PRA NIKAH ISLAM DI KOTA JAYAPURA Ismail; Faisal; Muhammad Wahib; Athoillah Islamy
MIYAH : Jurnal Studi Islam Vol. 19 No. 01 (2023): JANUARI
Publisher : Universitas Kiai Abdullah Faqih Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/miyah.v19i01.693

Abstract

This qualitative study in the form of nomative-empirical legal studies aims to identify the Premarital Guidance Program in Office of Religious Affairs in the Jayapura City area. Data collection was through interviews, observation, and documentation. The theory of legal effectiveness becomes the theory of analysis. Data analysis techniques use reduction, presentation, and verification. This study concludes that the obstacles to the effectiveness of the Premarital Guidance Program at the Office of Religious Affairs in the Jayapura City area are caused by various factors, among others, legal structure problems in the form of communication problems between religious extension workers and Office of Religious Affairs, and the concurrent duties of religious extension workers. Then, the problem of legal facilities in the form of budget constraints, and infrastructure for Premarital Guidance activities. Furthermore, the problem of legal culture is in the form of lack of discipline in the time of the participants of the Premarital Guidance Program. The theoretical implications of this study show that synergy of factors is needed for the effectiveness of regulatory in realizing the ideal Premarital Guidance Program.
Penyelesaian Kewajiban Debitur Wafat Oleh Ahli Waris Pada Bank Syariah Indonesia KCP Jayapura Abepura Nur Muhammad Huri; Husnul Yaqin; Moh Wahib; Faisal Faisal
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 26 No 1 (2023): Al-Qanun, Vol. 26, No. 1, Juni 2023
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2023.26.1.43-56

Abstract

This paper describes the settlement of debtor obligations by heirs at Bank Syariah Indonesia KCP Jayapura Abepura. In the mechanism provided, there are three types of settlement: firstly, the bank submits a claim to the insurance guarantor; secondly, it is continued by the heirs when the guarantor's insurance is closed while the claim is not paid; thirdly, it is continued by the heirs when it is not stipulated in the agreement. According to the results of this study, there are two types of settlements. First, the settlement of the debtor's obligation by the heirs is by using the heir's assets (Article 175 paragraph (2) KHI) or using the assets belonging to the heirs and heirs (Articles 123 and 833 of the Civil Code). Second, the settlement of the obligations of the deceased debtor after being paid off by the insurer is carried out peacefully and does not harm the bank or heirs, with the insurance party being the guarantor according to the agreement and the heirs are not burdened with the obligations of the deceased debtor.
EFEKTIVITAS PENGGUNAAN MEDIA AUDIO VISUAL DALAM MENINGKATKAN HASIL BELAJAR PESERTA DIDIK DI SMP IT IBNU SINA MERAUKE Khoiri Khoiri; Shofwan Al Jauhari; Faisal Faisal
JURNAL ILMIAH EDUNOMIKA Vol 8, No 1 (2024): EDUNOMIKA
Publisher : ITB AAS Indonesia Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jie.v8i1.10924

Abstract

This study focuses on discussing the effectiveness of using audio-visual learning media in improving student learning outcomes in PAI subjects at SMP IT Ibnu Sina Merauke. In accordance with the title that the author took, the type of research conducted by the author was field qualitative (Field Research). This type of qualitative field research (Field Research) is research that requires researchers to go to the field to make observations about a phenomenon in a natural state. By way of observation, interviews and documentation related to the problem to be studied. Field qualitative research conducted by the author aims to examine and determine the effectiveness of using audio-visual learning media in improving student learning outcomes in PAI subjects at SMP IT Ibnu Sina Merauke. After analyzing the conditions in the field, the results show that the learning process is carried out using audio-visual learning media at SMP IT Ibnu Sina Merauke, it is necessary to carry out several stages, namely: the preparation stage, the planning stage, the implementation stage and the evaluation stage. Then the factors that cause an increase in student learning outcomes by using audio-visual learning media, including: Facilities and infrastructure, teachers, students and the environment. Forms of using audio-visual learning media in improving student learning outcomes at SMP IT Ibnu Sina Merauke, use three forms, namely: forms of motivation, forms of information and forms of teaching. It can be said that the use of audio-visual learning media is very effective in improving student learning outcomes, especially in PAI subjects at SMP IT Ibnu Sina Merauke. As an implication of this research it is recommended that schools should provide facilities and infrastructure to support the learning process, especially audio-visual learning media. With this media, every learning, especially in PAI subjects, will be fun learning and produce the maximum expected achievement of learning objectives
Integrasi Kurikulum Merdeka dalam Pembelajaran Pendidikan Agama Islam (PAI) Junaidi; Sileuw, Marwan; Faisal
Indonesian Journal of Teaching and Teacher Education Volume 3, No 2 (2023) July - December
Publisher : Pencerah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58835/ijtte.v3i2.253

Abstract

The Merdeka Belajar curriculum provides freedom of learning which is formulated according to the needs of each educational institution, which has differences in characteristics, content, application and results achieved. This curriculum integration is examined to unite the components and values in it as part of Islamic religious education. The method used in this research is a qualitative approach, by reviewing data from interviews, reducing data, compiling data in certain units and grouping data based on an arrangement based on research questions. The last stage carried out in this research is data validation. This research demonstrated that the integration of the independent curriculum in Islamic religious education learning is a process that significantly provides a positive space for students, teachers and the environment to learn according to educational goals. The integration also increases the religiosity of students in socializing and social relations. With the integration of an independent curriculum, it is hoped that it can provide a view to optimize student learning outcomes from differences in concepts, implementation and learning outcomes by Islamic education teachers. Not only in the school environment but also for the future.
Mandatori Halal: Potensi, Kendala dan Dampak bagi Pengembangan Industri Halal di Kota Jayapura Jakiyudin, Ahmad Havid; Faisal, Faisal; Yusuf, Muhamad; Muhandy, Rachmad Surya
Al-'Aqdu: Journal of Islamic Economics Law Vol 4, No 1 (2024): June
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajiel.v4i1.2996

Abstract

Penelitian ini bertujuan untuk menjelaskan konsep pengembangan industri halal yang didasarkan pada potensi, kendala dan dampak. Mandatori halal, yaitu kewajiban sertifikasi halal yang diberlakukan kepada seluruh pelaku usaha sesuai dengan ketentuan Pasal 4 Undang-undang No. 33 Tahun 2014 Tentang Jaminan Produk Halal. Selama ini hanya sebagian dari pelaku Usaha Mikro Kecil dan Menengah di Kota Jayapura yang bersertifikat halal. Kewajiban sertifikasi halal akan membantu mengembangkan industri halal di Kota Jayapura. Penelitian ini menggunakan deskriptif kualitatif dengan pendekatan yuridis-normatif. Hasil penelitian menjelaskan bahwa penahapan kewajiban sertifikasi halal untuk produk makanan dan minuman sampai dengan tahun 2024 (Pasal 140 Peraturan Pemerintah No. 39 Tahun 2021 Tentang Penyelenggaraan Bidang Jaminan Produk Halal). Potensi tersebut meliputi adanya sertifikasi halal gratis, self declare (ikrar halal) dan banyaknya pelaku Usaha Mikro Kecil dan Menengah yang dilakukan oleh mama-mama Papua. Kendala sertifikasi halal meliputi beralihnya kewenangan dari Majelis Ulama Indonesia kepada Badan Penyelenggara Jaminan Produk Halal, kurangnya pemahanan pentingnya label halal dan penguasaan penggunaan perangkat elektronik. Dampak dari mandatori halal akan membantu meningkatkan kepercayaan konsumen, pengembangan usaha, dan membantu pencapaian program pemerintah.
Factors Causing Early Marriage in Merauke District, Merauke Regency, South Papua Province Yuwono Yoyo Restu Pramono; Faisal; Ade Yamin
Tadrib: Jurnal Pendidikan Agama Islam Vol 10 No 2 (2024): Tadrib: Jurnal Pendidikan Agama Islam
Publisher : Program Studi Pendidikan Agama Islam Fakultas Ilmu Tarbiyah Dan Keguruan UIN Raden Fatah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/ykq56k26

Abstract

Currently, the occurrence of early marriage cases is increasing rapidly and is rampant in Merauke Regency, in the assumption that there is an increase in cases of early marriage which is increasing every year which tends to be based on the influence of various factors including a prevalent culture that requires girls to marry as soon as they reach puberty. Second, unfavourable economic conditions which make early marriage a solution in reducing the economic burden. And third, the occurrence of violence and social pressure that occurs in a woman which makes them live in an insecure state so that they need a life companion to protect them. This research uses an empirical or field research method by collecting data in the field (field research) by promoting a qualitative approach (juridical sociological). In collecting the data obtained by relying on interviews with the perpetrators of early marriage. While the data analysis technique uses the stages of data reduction, presentation, and conclusion drawing to display the appropriate data. Based on the results of the study, it is found that through these factors, it shows that in essence what is seen in the purpose of early marriage is more based on the desire to solve problems in life that are far from the true purpose of a marriage is to build a family or household that is eternal and happy. So it can be concluded that early marriage actually still cannot be said to be a solution if it is based on these factors because on the other hand early marriage also has an impact on individuals, society and KUA agencies.
Foto Prewedding di Kalangan Masyarakat Jayapura dalam Sudut Pandang Sosial Keagamaan Faisal, Faisal; Hairani, Debby Riana; Zulihi, Zulihi
POROS ONIM: Jurnal Sosial Keagamaan Vol 4 No 1 (2023): Pancasila, Tradisi Lokal, dan Etika Dakwah
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/porosonim.v4i1.772

Abstract

The purpose of this research is to find out: The community practices pre-wedding photos and the factors that influence the practice of pre-wedding photos among Muslim communities in Regency and Jayapura City. This is a qualitative research, using the social phenomenology paradigm. Research results: People think that pre-wedding photos in invitations or displayed in front of the wedding building as identity the bride and groom. Pre-wedding photos used on invitation cards or as decoration for wedding party decorations. The pose of the bride and groom are dominant aspects of making pre-wedding photos which are symbols consisting of concepts. Imitation and modification in the practice of pre-wedding photos both through media which is sometimes without a filter from the community to counteract. Pre-wedding photos are due to trends that occur in modern society. The issue of photography becomes clear when mapped that the law can be mubah or permissible if it does not violate religious provisions. Conversely, it can become haram if the photo is against religious law. In Islamic perspective, making out before muhrim even though they have made an engagement is not justified. It is forbidden to take photos with men and women who are not muhrim, ikhtilat (mixing of men and women), khalwat (being alone together) and kasyfulaurat (opening the aurat). The work of prewedding photographers is forbidden because it is considered to show a willing attitude to sin.
Menakar Efektivitas Hukum tentang Batas Minimal Usia Kawin pada Kantor Urusan Agama (KUA) Kota Jayapura Burhanuddin; Mifathul Huda; Faisal; Athoillah Islamy
Al Hikmah: Jurnal Studi Keislaman Vol. 13 No. 01 (2023): AL HIKMAH
Publisher : Institut Agama Islam Al-Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/hjsk.v13i01.3986

Abstract

The enactment of new laws related to the minimum age limit to be able to carry out marriages does not always work effectively in various regions in Indonesia. This study intends to identify factors of ineffectiveness of Law No.16 of 2019 concerning the minimum age of marriage at the Office of Religious Affairs (District (South Jayapura District, Abepura and Heram) of Jayapura City in the period 2019-2021. This qualitative study is normative-empirical legal research. Soerjono Soekanto's theory of legal effectiveness became the theory of subject matter analysis. Data collection techniques through observation, interviews and documentation. The results of the study conclude that the lack of effectiveness of the implementation of the new law on the marriage age limit in Jayapura City is caused by a variety of factors that cause there are still many cases of marriage dispensation, such as the lack of knowledge and awareness of public attitudes towards the implementation of the law, the lack of legal culture, and the lack of socialization of legal enforcement. The theoretical implications of this study show that synergy of supporting factors is needed in realizing the effectiveness of the law of the minimum age of marriage, both juridical, sociological and anthropological supporting factors. The limitations of this study have not examined the concrete role of religious (Islamic) leaders in various districts of Jayapura in the succession to the effectiveness of the implementation of new laws related to the minimum age of marriage.
Dimensi Fikih Moderat dalam Putusan Hakim atas Perceraian yang Disebabkan Penyalahgunaan Aplikasi Karaoke Online Diana Wati, Erlin; Muhammad Wahib; Faisal; Abdul Aziz Harahap
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 1 (2023): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v15i1.5613

Abstract

This study is oriented in identifying the dimensions of moderate jurisprudence values in the judge's decision on divorce caused by the misuse of online karaoke applications in case number 400/Pdt.G/2021/PA. Jpr at the Jayapura Religious Court. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative-empirical law related to the theory of moderate jurisprudence initiated by Quraish Shihab. The results of the study concluded that moderate and comprehensive legal considerations related to polemics on marriage cases caused by digital developments were reviewed from several factors, including; First, the value of fiqh al-maqasid. In the basis of divorce law rulings which refer to the difficulty of the potential realization of marriages that are sakinah, mawaddah, wa rahmah. Second, the value of fiqh al-awlawiyat in the basis of divorce law rulings which emphasizes the consideration of priority scales to avoid damage rather than attracting benefits when the marriage is maintained. Third, the value of fiqh al-muwazanat in the basis of divorce law decisions that emphasize greater benefit by choosing the path of divorce. Fourth, the value of fiqh al-maa'lat in the basis of legal rulings that can have social implications for the realization of the benefits of married life in the digital era