Article Per Year (5 Year)
p-Index From 2021 - 2026
0.817
P-Index
This Author published in this journals
All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam An Nawawi Sahaja : Journal Sharia and Humanities Muwafaqat: Journal of Islamic Law
Sofyan Munawar
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
TRADISI SEBAMBANGAN PERSPEKTIF MAQASHID AL-SYARIAH DAN HUKUM POSITIF Alfikrul Akbar; Arief Hanif, Hamdan; Sofyan Munawar
An Nawawi Vol 4 No 1 (2024): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55252/annawawi.v4i1.40

Abstract

The implementation of the Sebambangan Tradition in Kedaton Kalianda Village still often occurs, even some young people often carry out this Sebambangan tradition alone without relatives or a family member interceding, even though it is clear that both of them are not yet mahram, and this Sebambangan practice often occurs without giving any news in the form of letters or entrusted messages through neighbors or close relatives to convey the runaway to the girl's parents, so that the girl's parents are confused because of the lack of news from their children and not infrequently then report it to the police. The results of the study show that based on Maqashid Al-Syari'ah's view, the implementation of Sebambangan in Kedaton Kalianda Village is an act that violates the law and deviates from what has been stated in the Shari'a and the Islamic religion. The form of violation and deviation is because it violates the obligations of a child who must respect, obey and serve both parents. Because of the Sebambangan custom, in practice it is carried away without the permission of both parents. Then also because it violates one's obligation to stay away from adultery which is strictly prohibited by Allah SWT. Because the Sebambangan custom in practice is close to committing adultery. Whereas based on Positive Law in the criminal realm, the practice of Sebambangan is included in a violation of the Criminal Code Article 332 paragraph 1, namely carrying away a girl without the consent of her parents/guardians, but this applies only if there is a complaint of offense by parents to the police only and if there is Complaints can also be resolved by consensus according to applicable customs.
Contestation and Actualization of Ijma’ in the Formation of Law in Indonesia Madnur; Musyaffa Amin Ash Shabah; Sofyan Munawar; Imam Addaruqutni
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 2 (2023): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2023.13.2.307-333

Abstract

The contestation of ijma' issues among conventional and contemporary scholars has generated pros and cons among academics and legal practitioners in establishing legal provisions to address existing problems. This understanding has influenced the perspectives of relevant parties in comprehending the doctrine of ijma'. On one side, it is stated that ijma' cannot be realized after the era of the companions, while on the other side, it is argued that ijma' can be learned through more progressive thinking. This paper is normative legal research with a statutory regulatory approach contextualized in Islamic law, especially the provisions combined with the results of scholars' ijtihad. The findings of this research indicate that ijma' has significance in the development of law in Indonesia. However, legislating ijma' into national law in Indonesia has its dynamics, influenced by political, social, religious, and cultural factors and other elements that can trigger polemics amidst the diversity of Indonesian society. Keywords: Ijma', scholars' contestation, and legal legislation
bahasa inggris Muhammad Samson Fajar; Enizar; Abdul Qodir Zaelani; Sofyan Munawar
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.395

Abstract

The increasing phenomenon of individuals choosing to be single in the modern era is a significant social change. Various factors such as career busyness, individual freedom, and changes in social values ​​have influenced people's mindsets towards the institution of marriage. This study analyzes how the critical reasoning of the Qur'an responds to the phenomenon of being single with a multidisciplinary approach that combines the historical reasoning of Muhammad Arkoun, the epistemology of Al-Ghazali, and the fiqh of ikhtilaf of Ibn Rushd. The research method used is library research, by making the Qur'an as the main source in responding to the law of celibacy (rahbaniyah). Secondary data was obtained from relevant books of interpretation, history, sociology, and psychology. The results of the study show that although Islam does not absolutely prohibit individuals from being single, marriage remains an institution recommended in Islam to maintain social stability and the sustainability of civilization. In the dialectical analysis, it was found that Arkoun emphasized the historical and social context in understanding Islamic teachings, while Al-Ghazali saw the spiritual and moral aspects of the individual in the decision to be single. Ibn Rushd, with his ikhtilaf fiqh approach, emphasized that marriage has flexible laws depending on the individual and social conditions. Therefore, this study concludes that marriage is more recommended than being single because it has broader benefits in social, economic, and psychological aspects, although it still provides space for individuals to consider their personal conditions.
Legal Protection of Inheritance Rights for Children from Unregistered Polygamous Marriages A Comparative Analysis of Islamic Law and Indonesian Positive Law Zaelia; Sofyan Munawar; Taufiq Ramadhan
Muwafaqat: Journal of Islamic Law Vol. 1 No. 2 (2025): Muwafaqat: Journal of Islamic Law
Publisher : Cv. Kayaswara, Indonesia

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

Abstract

The phenomenon of unregistered polygamous marriages has generated negative perceptions within society, particularly regarding justice in household relations. In practice, women and children born from unregistered marriages often lose their legal rights, such as maintenance and inheritance, due to the lack of state recognition of such marriages. Indonesian positive law, as regulated in Marriage Law No. 1 of 1974, requires marriage registration as the basis of legal validity; therefore, unregistered marriages do not provide formal legal protection. Meanwhile, from the perspective of Islamic law, an unregistered marriage is considered valid as long as it fulfills the pillars and requirements of marriage, thereby granting wives and children inheritance rights. This study aims to analyze the legal protection of inheritance rights for wives and children in unregistered polygamous marriages from the perspectives of Islamic law and positive law. The research employs a qualitative descriptive method with a normative juridical approach. Data were collected through observation, interviews with judges of the Religious Court and religious figures, as well as documentation from various legal sources. The results of the study indicate that: (1) under Islamic law, wives and children from unregistered polygamous marriages retain their legal status and inheritance rights as long as the marriage is religiously valid; (2) under positive law, the inheritance rights of wives and children from unregistered marriages are not recognized unless isbat nikah is conducted as a form of marriage legalization; and (3) mediation mechanisms and family deliberation serve as alternative means of resolving inheritance disputes; however, legal certainty ultimately requires official marriage registration and legalization.
Co-Authors Abdul Qodir Zaelani Alfikrul Akbar Amin Ash Shabah, Musyaffa Arief Hanif, Hamdan Enizar Imam Addaruqutni Madnur Muhammad Samson Fajar Taufiq Ramadhan Zaelia