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All Journal Pendas : Jurnah Ilmiah Pendidikan Dasar
Abu Baedah, Said Syafuddin
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PRAKTIK NIKAH SIRRI DAN IMPLIKASINYA TERHADAP PERLINDUNGAN EKONOMI BAGI PEREMPUAN DALAM PERSPEKTIF HUKUM ISLAM Pawe, Nunung Indrawati; Arsyad, Yusri Muhammad; Abu Baedah, Said Syafuddin; Lawang, Hasanna; Raehana, Syarifa
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 01 (2026): Volume 11 No. 01 Maret 2026 Produce
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i01.42870

Abstract

This study aims to analyze the practice of unregistered marriage and its implications for women's economic protection in Maurole District, Ende Regency, from the perspective of Islamic law and positive law. This study uses a qualitative method with a sociological and normative juridical approach. Primary data were obtained through interviews with women engaged in unregistered marriages, religious leaders, village officials, and KUA employees, while secondary data were obtained from scientific literature and laws and regulations, particularly Law Number 16 of 2019 concerning Marriage. The results of the study indicate that unregistered marriages still occur due to economic factors, premarital pregnancy, cultural factors, and low public legal awareness regarding the importance of marriage registration. Religiously, unregistered marriages are considered valid because they fulfill the pillars and requirements of marriage, but from a state perspective, such marriages do not have perfect evidentiary power. As a result, women experience vulnerability in demanding rights to maintenance, division of joint property, and economic security after divorce. From an Islamic legal perspective, women's economic protection has been regulated through the obligation to provide maintenance, dowry, and the principle of justice in line with the maqashid al-syariah. Therefore, marriage registration is an important instrument to ensure legal certainty and protection for women.
ANALISIS HUKUM SYARIAH DALAM AKAD KERJASAMA PENGEMBANGAN EKONOMI WISATA HUTAN PINUS Pebrianto, Reza; Arsyad, Yusri Muhammad; Subaedah; Lawang, Hasanna; Abu Baedah, Said Syafuddin
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 01 (2026): Volume 11 No. 01, Maret 2026 Release
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i01.43437

Abstract

The practice of cooperative management of the Bulu Tanah Pine Forest as a form of community-based natural resource utilization requires a study from the perspective of Sharia Economic Law to assess the suitability of the contract, profit-sharing system, and the application of the principle of justice in its implementation. This study aims to analyze the form of contract used in the cooperation and assess its compliance with the pillars and conditions of the contract in the fiqh muamalah. This study uses a qualitative approach with field research. Data collection techniques were carried out through interviews with the management and community involved, direct observation of tourism management activities, and documentation related to activities and cooperation agreements. The data obtained were then analyzed using descriptive-analytical methods to describe the ongoing cooperation practices and assess their compliance with the principles of Sharia economic law. The results of the study indicate that the cooperative practice of the Bulu Tanah Pine Forest tourism management has generally fulfilled the pillars and conditions of the contract, especially in the aspects of the existence of contracting parties, the object of cooperation, and the existence of agreement or willingness between the parties. In addition, the principles of justice and welfare are also evident in community involvement in various tourism economic activities. However, this study also identified several weaknesses, particularly in the administration, recording of cooperation agreements, and transparency in the profit-sharing system. Therefore, although the cooperation agreements implemented are essentially valid under Sharia law, strengthening governance, agreement recording, and transparency systems is needed to ensure that these cooperation practices are more accountable, fair, and sustainable in the future.
IMPLEMENTASI PRINSIP HUKUM EKONOMI SYARIAH DALAM SEWA MENYEWA LOS PASAR Haruna R, Nur Nilam Sari; Darmawangsa, Andi; Lawang, Hasanna; Abu Baedah, Said Syafuddin; Subaedah
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 02 (2026): Volume 11 No. 02, Juni 2026 Produce
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i02.45609

Abstract

This study aims to determine the practice of leasing market stalls and analyze the implementation of Islamic economic law principles in these practices at Terong Market, Makassar. The background of this study is based on the continued discovery of rental contracts conducted orally without written records, thus potentially creating legal uncertainty and non-compliance with Islamic economic law principles, particularly regarding contract clarity and transparency. This study uses a qualitative method with a field research approach. Data collection techniques are carried out through observation, interviews, and documentation. Informants in this study consist of market managers, traders as stall tenants, and other related parties. The data obtained are analyzed descriptively qualitatively with reference to the theory of ijarah and the principles of Islamic economic law. The results of the study indicate that the practice of leasing stalls at Terong Market, Makassar is carried out through two mechanisms: officially through market managers with written contracts, and informally through third parties which are generally carried out orally. In practice, some principles of Islamic economic law have been met, such as the principles of justice (al-'adalah), willingness (al-ridha), freedom of contract (al-hurriyah), and equality (al-musawah). However, their implementation is not yet fully optimal, particularly in the aspects of contract recording (al-kitabah) and information transparency. This situation has the potential to give rise to elements of gharar (unlawful) that can affect legal certainty and fairness in transactions. Therefore, improvements are needed through the implementation of written contracts, increased transparency, and education for market players so that leasing practices comply with the principles of Islamic economic law.
Co-Authors Arsyad, Yusri Muhammad Darmawangsa, Andi Haruna R, Nur Nilam Sari Lawang, Hasanna Pawe, Nunung Indrawati Pebrianto, Reza Raehana, Syarifa Subaedah