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Legal Position of Muhakkam Guardians in the Practice of Sirri Marriage in Aceh Rizal, Said; Pakpahan, Emir Syarif Fatahillah; Amalia, Reni; Muhammaddiah, Muhammad Rusdi bin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.9202

Abstract

The position of the guardian in marriage is the most important thing in marriage. Because its existence is the reason for the validity of a marriage. The guardians consist of the nasab guardian, the judge guardian (sultan), the muhakkam guardian, and the maula guardian. This research examines the dynamics of unregistered marriages in East Aceh Regency, which are related to who is the guardian in the marriage. How does the muhakkam guardian handle unregistered marriages? What is the legal position of muhakkam guardians as guardians of unregistered marriages? This research aims to answer the problems of muhakkam guardians. This research uses empirical legal methods with a field study approach. Data was obtained by collecting information from primary sources through interviews. The results of the research explain that: first, siri marriage through muhakkam guardians using a cultural approach and Islamic legal studies. Second, the legal position of muhakkam guardians is not regulated in Indonesian legislation, so it cannot be used as a legal basis for carrying out unregistered marriages. Muhakkam guardians tend to be used to legalize sirri marriages, which are very common among the people of East Aceh. Even though it is not recognized by the state, in practice, muhakkam guardians have religious legal power. Sociologically, the presence of muhakkam guardians increases the number of unregistered marriages among the people of East Aceh
Bunga Bank dalam Hukum Islam; Komparasi Pemikiran Imam Ali Jum’ah dan Imam Jadul Haq Ali Abdillah, Muhammad Alwin; Awwaluzzikri; Muhammaddiah, Muhammad Rusdi bin
Al - Muamalat: Jurnal Hukum dan Ekonomi Syariah Vol 9 No 2 (2024): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v9i2.10745

Abstract

This study aims to analyze the views of these two prominent scholars on bank interest and to explore their perspectives on applying Sharia principles in modern financial systems. This article employs a descriptive-analytical approach using literature-based research, drawing on scholarly articles about bank interest and the two scholars. Sheikh Ali Jum’ah perceives bank interest as permissible if it aligns with the maqasid al-Shariah, promotes public benefit, and does not violate definitive texts (nass qat’i), thereby enabling the integration of Sharia principles into modern financial systems. Conversely, Sheikh Jadul Haq Ali asserts that bank interest is classified as riba qardh, strictly prohibited by Sharia, underscoring the importance of preserving the purity of Islamic law and encouraging Muslims to avoid interest-based transactions to ensure the blessings of wealth.
Participatory And Social Financing From The Perspective Of Islamic Moral Economy Fuady, Khairul; Juliandi, Budi; Muhammaddiah, Muhammad Rusdi Bin
AL-MASHARIF: JURNAL ILMU EKONOMI DAN KEISLAMAN Vol 11, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/masharif.v11i1.8835

Abstract

This research explores the intersection of participatory and social financing within the framework of Islamic Moral Economy (IME). The study delves into the nature of participatory and collaborative Islamic finance instruments and their alignment with the principles of IME. It also investigates the concept of Islamic social finance and its relationship with the idea of welfare in the context of IME. The paper further examines contemporary approaches to institutional adaptation in Islamic finance, focusing on how these approaches integrate participatory and social financing principles. Qualitative methodology By employing a rigorous literature review and in-depth analysis is utilized to gain insights into the practices and implementations of Islamic financial institutions in Indonesia. The findings shed light on the significance of the framework of Islamic Moral Economy in Islamic financial practices and its potential for promoting financial inclusion and socio-economic welfare to develop moral and community-centered financial models
Legal Position of Muhakkam Guardians in the Practice of Sirri Marriage in Aceh Rizal, Said; Pakpahan, Emir Syarif Fatahillah; Amalia, Reni; Muhammaddiah, Muhammad Rusdi bin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.9202

Abstract

The position of the guardian in marriage is the most important thing in marriage. Because its existence is the reason for the validity of a marriage. The guardians consist of the nasab guardian, the judge guardian (sultan), the muhakkam guardian, and the maula guardian. This research examines the dynamics of unregistered marriages in East Aceh Regency, which are related to who is the guardian in the marriage. How does the muhakkam guardian handle unregistered marriages? What is the legal position of muhakkam guardians as guardians of unregistered marriages? This research aims to answer the problems of muhakkam guardians. This research uses empirical legal methods with a field study approach. Data was obtained by collecting information from primary sources through interviews. The results of the research explain that: first, siri marriage through muhakkam guardians using a cultural approach and Islamic legal studies. Second, the legal position of muhakkam guardians is not regulated in Indonesian legislation, so it cannot be used as a legal basis for carrying out unregistered marriages. Muhakkam guardians tend to be used to legalize sirri marriages, which are very common among the people of East Aceh. Even though it is not recognized by the state, in practice, muhakkam guardians have religious legal power. Sociologically, the presence of muhakkam guardians increases the number of unregistered marriages among the people of East Aceh
Participatory And Social Financing From The Perspective Of Islamic Moral Economy Fuady, Khairul; Juliandi, Budi; Muhammaddiah, Muhammad Rusdi Bin
AL-MASHARIF: JURNAL ILMU EKONOMI DAN KEISLAMAN Vol 11, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/masharif.v11i1.8835

Abstract

This research explores the intersection of participatory and social financing within the framework of Islamic Moral Economy (IME). The study delves into the nature of participatory and collaborative Islamic finance instruments and their alignment with the principles of IME. It also investigates the concept of Islamic social finance and its relationship with the idea of welfare in the context of IME. The paper further examines contemporary approaches to institutional adaptation in Islamic finance, focusing on how these approaches integrate participatory and social financing principles. Qualitative methodology By employing a rigorous literature review and in-depth analysis is utilized to gain insights into the practices and implementations of Islamic financial institutions in Indonesia. The findings shed light on the significance of the framework of Islamic Moral Economy in Islamic financial practices and its potential for promoting financial inclusion and socio-economic welfare to develop moral and community-centered financial models
Bunga Bank dalam Hukum Islam; Komparasi Pemikiran Imam Ali Jum'ah dan Imam Jadul Haq Ali Abdillah, Muhammad Alwin; Awwaluzzikri; Muhammaddiah, Muhammad Rusdi bin
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 9 No 2 (2024): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v9i2.10745

Abstract

This study aims to analyze the views of these two prominent scholars on bank interest and to explore their perspectives on applying Sharia principles in modern financial systems. This article employs a descriptive-analytical approach using literature-based research, drawing on scholarly articles about bank interest and the two scholars. Sheikh Ali Jum'ah perceives bank interest as permissible if it aligns with the maqasid al-Shariah, promotes public benefit, and does not violate definitive texts (nass qat'i), thereby enabling the integration of Sharia principles into modern financial systems. Conversely, Sheikh Jadul Haq Ali asserts that bank interest is classified as riba qardh, strictly prohibited by Sharia, underscoring the importance of preserving the purity of Islamic law and encouraging Muslims to avoid interest-based transactions to ensure the blessings of wealth.