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All Journal AJIS : Academic Journal of Islamic Studies Al-Istinbath: Jurnal Hukum Islam El-Rusyd Berasan: Journal of Islamic Civil Law
Elkhairati, Elkhairati
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pencatatan Perkawinan Menurut Perspektif Tokoh Agama Kecamatan Selupu Rejang Agustian, Linda; Amda, Ahmad Dibul; Ridwan, Rifanto Bin; Elkhairati, Elkhairati
Berasan: Journal of Islamic Civil Law Vol. 1 No. 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v1i2.4994

Abstract

Abstract:The purpose of  this study is to  determine the  views of the  community and  religious leaders of the  Selupu Rejang area regarding the urgency of marriage registration according to Islamic law and positive law.    This type of research is field research using descriptive qualitative research methods and a socio-normative approach with legal theory. The results of this study show that the urgency of marriage registration according to the perspective of religious leaders in Selupu Rejang District is very important for the sustainability of social and state life. The legal status of an unregistered marriage is incorrect in the sense that it must receive legal certainty and recognition from the State.  Therefore, it is appropriate between the two that is theologically correct and juridically correct to have the harmony to create a benefit in marriage for the realization of the purpose of marriage.  According to article 6 of the Compilation of Islamic Law, marriage has no legal force if it is not recorded, because justified legal acts are followed by legal protection against all consequences arising from such legal acts.
Metode Talfik Di Sudan Sebagai Wujud Perkembangan Hukum Keluarga Islam Elkhairati, Elkhairati
Berasan: Journal of Islamic Civil Law Vol. 2 No. 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v2i2.9165

Abstract

The reform of Islamic family law should involve a process of consultation, dialogue, and participation involving scholars, Islamic jurists, religious leaders, and the Muslim community at large. The aim is to strike a balance between maintaining the tenets of the Islamic religion and meeting the needs and aspirations of modern Muslim societies. In this study, the highlight is the renewal of Islamic family law in Sudan. The method used in this study is a qualitative approach and is a type of library research. Library research method, also known as literature research or literature research, is a research approach that involves the use of library and library resources as the main source of information. This method relies on the analysis of previously published relevant literature, such as books, journals, articles, reports, and other documents. The birth of legal products in Sudan, full of dynamics and colors. Starting from the formalistic Islamization of law carried out by Numeiri, until the end, Sudan is now divided into two states. In the context of Islamic family law in Sudan and Indonesia, there are prominent and almost identical differences. A very prominent difference is seen in terms of legislation. In Sudan, all forms of statutory decisions are given full rights to Judges. In Sudan, judges are acquitted of their legal rulings. Sudan's talfic method of formalizing the law became commonplace and not foreign or taboo.
Professionalism and Religiosity: A Thematic Interpretation Study on Muslim Workers in Indonesia Elkhairati, Elkhairati; Arsal, Arsal; Imran, Maizul
AJIS: Academic Journal of Islamic Studies Vol. 9 No. 1 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v9i1.10002

Abstract

The work challenges of developed countries, such as; (Indonesia) are characterised by the demands of professionalism in fierce work competition. There is a need for a new approach to the terminology of Quran-based professionalism to give maximum results to Muslims who reflect religious aspects. This research aims to understand the interpretation of the Quranic verses related to work professionalism and elaborate its meaning and to find out the opportunities for Quran-based work professionalism terminology to be applied to work demands in the modern era. The research method uses literature study with a qualitative-descriptive approach through thematic interpretation model. The results of the study found; that the terminology of professionalism can be combined with `ahsanu 'amalan and `atqana in the verse which indicates grade and quality in accordance with the field of expertise accompanied by aspects of piety. Known professionalism can be developed into religious-professionalism. It is undeniable that the modern world requires workers to adapt to the changes of the industrial revolution 4.0. The aspect of religiosity is really likely to improve the quality of international work professionalism.
Pemikiran Ibrahim Hosen Tentang Konsep Pernikahan dan Kontribusinya Terhadap Pembaruan Hukum Perkawinan di Indonesia Sari, Widya; Arif, Muhammad; Elkhairati, Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 1 May (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.512 KB) | DOI: 10.29240/jhi.v6i1.2540

Abstract

This paper aims to examine Ibrahim Hosen's thoughts on the meaning and purpose of marriage and his contribution to the reform of marriage law in Indonesia. How Ibrahim Hosen's thinking about marriage is limited to the definition and purpose of marriage, how various thoughts exist and how the contribution of Ibrahim Hosen's thoughts to reforming marriage law in Indonesia is the problem of this research. This is a library research. The data analysis method used is content analysis. As a result, the definition of ownership in the marriage contract according to Ibrahim Hosen is not a contract to have a wife's body, making a wife an object by the husband. However, the right of ownership in the definition of marriage means the right to have the use of the husband against the wife, in addition to the haram husband who feels the pleasure of the wife. Based on this, it can be concluded that there is no patriarchal element in the definition of marriage as explained by the fiqh scholars. Ibrahim Hosen explained that marriage in Islam aims to build a prosperous household full of sakinah, mawaddah, and mercy. Therefore, linking the husband's obligation to provide for his wife with tamkin is clearly not right, because it seems as if the purpose of marriage is just a matter of sex. This thinking must be corrected by conducting a review, because the obligation to provide a living takes effect after the marriage contract occurs. Therefore, the provisions of Article 80 paragraph [5] KHI related to the relationship between husband and wife and tamkin, need to be revised.
Transformation and Future Challenges of Islamic Law in Indonesia Siroj, A. Malthuf; Marzuki, Ismail; Elkhairati, Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6618

Abstract

This study aims to investigate the transformation of Islamic law starting from pre-entry of Islam to Indonesia, entry of Islam, colonialism, and independence to current reformation in Indonesia, as well as various challenges to the formalization of Islamic law. The method used was a qualitative method with the type of library research namely by researching and reviewing legal materials that include primary legal materials, secondary legal materials, and tertiary legal materials that relevant to the object of this research. The results show that pre-entry of Islam to Indonesia, the applicable law was adat law, then since the entry of Islam into Indonesia, Islamic law has been well accepted and implemented by the community, and even its existence has gained legitimacy from both legal experts and the Dutch government. After Indonesia's independence, especially during the Old Order era, Islamic law did not transform significantly. During the New Order after such party collapsed, Islamic law began to transform significantly. Although since the reform period, Islamic law has transformed significantly, the challenges of Islamic law are serious, both internal and external. The most dominant internal challenges among are not fully codified Islamic law, Indonesian pluralistic condition, politics of the rulers' law, misconceptions of some legal experts about Islamic law, and other. Meanwhile, external challenges include influence of transnational ideologies which give a negative stigma against Islam, the development of Western ideologies that clash with Islamic law and the human rights, and strong influence of the domination of Western law in Indonesia.
Analysis of the Genduri Funeral Tradition from the Perspective of Maqashid al-Sharia Lestari, Arum Windy; Elkhairati, Elkhairati
El-Rusyd Vol. 10 No. 2 (2025): December
Publisher : Sekolah Tinggi Ilmu Tarbiyah (STIT) Ahlussunnah Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58485/elrusyd.v10i2.483

Abstract

The genduri funeral tradition represents a form of cultural heritage preservation aimed at offering prayers for deceased individuals through a series of rituals performed on specific days following death. This study seeks to identify the factors that sustain the continuity of this tradition and to analyze it from the perspective of maqashid al-sharia. The research employs a qualitative method with an ethnographic approach through observations, in-depth interviews, and document analysis to obtain a comprehensive understanding of the practices and cultural meanings underlying the genduri funeral tradition. The findings indicate that the tradition continues to be preserved because it is regarded as a hereditary custom and is supported by the belief that prayers offered by family members and the community benefit the deceased. From the perspective of maqashid al-sharia, the genduri tradition is permissible as long as it does not contain elements of shirk and embodies positive values such as strengthening social solidarity, enhancing spiritual awareness, and fostering interpersonal relationships. These findings suggest that local cultural practices can align with the objectives of Islamic law as long as they are carried out in accordance with the principles of aqidah and provide broad social benefits to the community.
Co-Authors A. Malthuf Siroj, A. Malthuf Agustian, Linda Amda, Ahmad Dibul Arsal, Arsal Ismail Marzuki Lestari, Arum Windy Maizul Imran Muhammad Arif Rifanto Bin Ridwan Widya Sari