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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Asmuni Asmuni
State Islamic University of North Sumatra, Medan
Law, Crime, Criminology & Criminal Justice

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Understanding Dilalah Amr and its Implementation in the Prayer Method among Muhammadiyah, Al Washliyah, and Nahdlatul Ulama Hadi Munawwar; Asmuni Asmuni; Hasan Matsum
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.3214

Abstract

To understand how the scholars of the Mazhab understand Dilalah Amr, both from the Qur'an and Hadith sources, the method used in determining a command (Amr) for obligation or others in the prayer ritual, and its implementation towards the procedures of performing the prayer ritual among the Muhammadiyah, Al Washliyah, and Nahdlatul Ulama communities. This research is a normative study with a literature research method using references from relevant literature related to Amr sourced from the Qur'an and Hadith verses. The jurists (Fuqoha) in understanding Dilalah Amr use several methods, namely: (1) using Qarinah Qauliyah and Haliyah, (2) giving weight to stronger evidence to be used as Qarinah, (3) using the method of Qiyas, (4) using the actions of the people of Madinah as reference, (5) using Ijma, and (6) using the method of Naskh. In relation to the prayer procedure of Muhammadiyah, they do not recognize the terms of pillars (rukun), obligatory (wajib), and recommended (sunnah) in prayer. What is recognized is the method of performing obligatory prayer. Meanwhile, among Al-Washliyah, they still use the terminologies of the scholars of Usul Fiqh such as pillars, obligatory, and recommended in prayer. Similarly, Nahdlatul Ulama adheres to the four Mazhabs.
The Beneficial Aspects of Implementing Ifrad Pilgrimage for Indonesian Pilgrims Sokon Saragih; Asmuni Asmuni; Dhiauddin Tanjung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3696

Abstract

Ifrad pilgrimage is a form of Hajj where an individual intends only for Hajj upon entering the state of Ihram. The pilgrim declares Labbaik Bahaj and performs Tawaf Qudum after entering Mecca, remaining in the state of Ihram until the designated Hajj period. Subsequently, the pilgrim follows all the Hajj rituals, including the standing at Arafah, staying at Muzdalifah, casting stones at Jamarat Al-Aqabah, performing Tawaf Ifadhah, Sa'i between Safa and Marwa, and spending the night at Mina for stone throwing on the days of Tashriq. After completing all the Hajj rituals, the pilgrim performs the second Tahallul, exits Mecca, and begins the second Ihram with the intention of Umrah if planning to undertake Umrah rituals. Tamattu' pilgrimage involves initially intending to perform Umrah upon entering the Miqat by saying Labbaik in Umrah. Upon entering Mecca, the pilgrim completes all Umrah rituals such as Tawaf and Sa'i, then shaves or trims the hair, concluding the state of Ihram. On the 8th of Dhu al-Hijjah, the pilgrim enters into the Hajj Ihram, performs Hajj rituals like standing at Arafah, Tawaf, Sa'i, and others comprehensively. Qiran pilgrimage is when an individual intends to perform both Hajj and Umrah simultaneously upon entering Ihram by uttering specific words. The individual remains in the state of Ihram until completing the Hajj rituals. During the Hajj, there is no need for additional Tawaf and Sa'i for Umrah; performing the Tawaf and Sa'i for Hajj is sufficient. Among these three types of pilgrimage, the Ifrad model is considered the least burdensome for pilgrims. This model does not incur penalties, and the greater benefit in performing the Hajj pilgrimage is achieved through the Ifrad model.
Wild Divorce Solutions: Perspectives from Law Number 1 of 1974, Law Number 7 of 1989, and the Compilation of Islamic Law Alpun Khoir Nasution; Asmuni Asmuni; Muhammad Ramadhan Syahmedi Siregar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4374

Abstract

This study acknowledges about the illegal divorce that husbands have imposed outside the court of the perspective of Marriage Law in Indonesia. There are three problems that will be answered in this study. First, how are the illegal divorce law problems in the perspective of Indonesian Marriage Law and Islamic Jurisprudence? Second, how is the illegal divorce urgency in the perspective of Islamic Jurisprudence and Indonesian Marriage Law? Third, how is the Marriage Law solution in Indonesia against the illegal divorce? To answer these problems, a literature study has been done. Data about the illegal divorce is obtained from books or Islamic Jurisprudence books, laws or regulations, and electronic data through the website. These data are processed, analyzed, and used as materials to study about the illegal divorce by using the normative legal study methods. The results of the research have found answers to the problems above, first, there are four of the illegal divorce law problems, such as its validity, lack of legal protection, the illegal divorce couples can’t legally marry another person, and they also can’t get the rights after divorce.
Co-Authors Alpun Khoir Nasution Dhiauddin Tanjung Hadi Munawwar Hasan Matsum Muhammad Ramadhan Syahmedi Siregar Sokon Saragih