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Jurnal Syariah Hukum Islam
Published by IAI Al-Mawaddah Warrahmah Kolaka
ISSN : 25990195     EISSN : 25990195     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 35 Documents
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IMPLIKASI AGAMA DALAM PILKADA DKI JAKARTA 2017 (TELAAH ATAS SIYASAH SYAR’IYYAH) Nurchaliq Majid
Jurnal Syariah Hukum Islam Vol 1 No 2 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The main problem of this research is how is the Religious Implication of 2017 DKI Jakarta Election (Review of Siyasah Syar'iyah)? The subject matter is divided into three sub-problems, namely: 1) Is choosing a community leader based on religion a form of actualization of religious freedom? 2) What are the perceptions of the DKI Jakarta community in choosing community leaders? The type of research used is qualitative research with a normative approach and also socio-legal research with an empirical descriptive approach. Methods of general data collection, interviews and documentation, processing techniques and data analysis carried out through three stages, namely Data Reduction, Presentation and Conclusion. The results of this study indicate that: 1) choosing public leaders based on religion is a form of actualization of religious freedom. The form of worship that is actualized in choosing leaders is the right of every citizen promoted by the constitution. Actualization and explosion of choosing community leaders based on religion or Islamic leadership dogma cannot be intervened and is limited. 2) Perception of the people of DKI Jakarta about choosing community leaders after religion cannot be separated from the pros and cons. The existence of primordial (religious) sentiments certainly has an influence in the political contestation of the DKI Jakarta Election. Not to mention people who like and cannot choose non-Muslim leaders. But apart from that, people's hopes for DKI Jakarta continue to be echoed. 3) Religious attitudes in the DKI Jakarta Regional Election in the Syari'ah Siyasah Perspective relating to aspects of morality as an embodiment of Islamic values. The foundation for choosing leaders is not only in the name of ordinary religion, but religious values can also be discussed. Like honesty, justice, benefit, equality, and prosperity. The implications of this study are 1) choosing based on religion is no longer reviewed as a form of intolerance. Because basically choosing (choosing, expanding choices) is part of the form of worship promoted by the constitution. 2) This research aims to open insight into the importance of understanding the essence of leadership in Islam. Either from the revision of the verse book or Siyasah Syariyyah. 3) Regarding how the Sharia Siyasah Perspective in choosing public leaders is religious, then of course people must understand in choosing aspects to prioritize aspects of morality, these leaders must be fair and trustworthy towards the people they lead.
POLEMIK PEMIDANAAN (Kontroversi Faham Abolisionis Dan Retensionis) Risman Risman
Jurnal Syariah Hukum Islam Vol 1 No 2 (2018): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The existence of imprisonment in the present is a sharp spotlight from various circles. Some experts have initiated the abolition of imprisonment because they are considered outdated and are not in accordance with modern human rights. On the other hand, some consider that imprisonment is still viable as an alternative to tackling crime with certain assumptions and justifications. The debate and controversy between the two abolitionist and retentionist camps has increasingly found its place if it is associated with the current fact that the criminal justice system only demonstrates its success in convicting, the justice system cannot be an instrument to restore one's humanity.
PEMBERIAN NAFKAH TERHADAP KELUARGA (Studi Kasus Aktifitas Khuruj Jama’ah Tabligh Di Kota Kendari) Abdul Khawiyu
Jurnal Syariah Hukum Islam Vol 2 No 1 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

ABSTRACT This study is the Religious concept of the Jama'ah tabligh on the living during Khuruj fì sabilillah, the impact of the khaluj fi sabilillah on the living. The main source of data is the empirical data on the giving of the family to the family during the husband of Khuruj fì sabilillah in Kota Kendari, which is based on observations, interviews, and documentation. and society. Secondary sources are textbooks, internet or work by experts. To analyze the data using qualitative methods, where observation data, interviews and documentation are analyzed by qualitative method. Further on the unfolding of data analysis results communicated by theory then develops a comprehensive understanding of the concept of religion, the impact it creates Jama'ah Tabligh views the living as consisting of two bathiniyah which includes religious education for the family. While outward living is made up of material and biological. Material needs such as food and drink, household and household are the responsibility of a husband as the head of the family. Biological maintenance involves the relationship of husband and wife. Khuruj fìsabilllah has a positive and negative impact on children, wives and society. The existence of religious practices for wives, children and society has a positive impact. Having a displaced family has a negative impact. If a person follows the order of the people well, it will bring benefits and benefits for his or her people and the people. On the other hand, if a person prays to disobedience it will bring harm and slander to the individual and the people.
ANALISIS SOSIOLOGI HUKUM (Studi Terhadap Tindak Pidana Kekerasan Dalam Rumah Tangga Di Kabupaten Bone ) Risman Risman
Jurnal Syariah Hukum Islam Vol 2 No 1 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

ABSTRACT In order to prevent, protect victims, and take action against perpetrators of domestic violence, States and communities shall exercise the prevention, protection and prosecution of perpetrators in accordance with the Pancasila philosophy and the 1945 Constitution of the State of the Republic of Indonesia. Research on Juridical Analysis of Domestic Violence in Bone District is a type of normative legal research (dokmatic) and sociological legal research (empirical) then the approach used is the juridical approach of normatis and sociology. The implementation of the Law of the Republic of Indonesia Number 23 Year 2004 on the Elimination of Domestic Violence in Bone Regency has not been implemented properly because there are still many wives not understand the Law regulating the crime of violence in the household even there are wives who do not want reported the case because it still considers that it is the household's own affairs and if reported to the authorities will bring a family disgrace because already many people know about the violence committed by her husband. The fact that there has been an increase in cases of domestic violence against the community in Kabupaten Bone, there are several factors such as legal awareness, moral factors, environmental factors, educational factors and law enforcement factors that influence the implementation of the Law of the Republic of Indonesia Number Law No. 23 of 2004 on Elimination of Domestic Violence becomes less effective
PERKAWINAN DIBAWAH UMUR (Studi Pada Masyarakat Bajo Kecamatan Soropia Kabupaten Konawe) Hasniran Hasniran
Jurnal Syariah Hukum Islam Vol 2 No 1 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

Abstract Underage marriages in the Bajo community, Soropia Subdistrict, Konawe Regency, show that the factors causing underage marriages in the Bajo community are Educational Factors, Economic Factors, Hereditary Factors, Religious Understanding Factors, Technology Factors, Environmental Factors.
Perspektif Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak Terhadap Pekerja Di Bawah Umur (Studi Kasus Di Desa Kota Bangun, Kecamatan Ranomeeto, Kabupaten Konawe Selatan) Nur Hayaty
Jurnal Syariah Hukum Islam Vol 2 No 1 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

ABSTRAC The main problem in this study are how the fact about underage workers in kota bangun village and how the prespective of the children protection law in article 76I for underage workers in kota bangun villages this study aims to find out the facts that have happened to works in the age of the elderly and to find out perspective of the cildren protection law in article 76I for underage workers in kota bangun villages Qualitative description research type. the research subject were underageworkers and their parents. Data collection technicques used participant observation. there are 5 underage workers working in the informal sector who lose their education rights and work more then 3 hours an a day with and without receive wages. the perspective of the child protction law in article 76I provides a ban on exploitation of children but employer place them to do work and there are not sanction for employers. The implementation of the child protction law in article 76I has not been not realized properly so there is no legal protection for underage workers The role of the goverment, law enforcement provides information to parents as entreprereurs related child protection. The author hopes to underage work
TATA HUKUM DI INDONESIA Irvan Arisandi
Jurnal Syariah Hukum Islam Vol 2 No 1 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The existing law system in Indonesia,is one of the law that has it’s own laws can be different from others Nations. Basically, the law system is the same as the law system, namely the way or system and argument. In my opinion that the Indonesian law system is the whole law system that apllies in Indonesia, both written law and unwritten, both currently in force and which is still expected today as result of government legislation as well as a from of recognition of the law that lives in the community. Introduction to the ruleof law in Indonesia is a branch of legal science.
Pernikahan di Bawah Umur dalam Prespektif Hukum Islam dan Hukum Perdata di Indonesia (Studi Kasus Desa Pakue Kecematan Pakue Utara Kabupaten Kolaka Utara Sulawesi Tenggara). IKA NURUL ANNISA
Jurnal Syariah Hukum Islam Vol 2 No 2 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The purpose of this thesis is to describe underage marriage from the perspective of Islamic law and civil law in Indonesia. Case study in Pakue Village, Pakue Utara District. As for the background of this writing, the marriage that took place in Pakue village allegedly occurred because of pregnancy outside of marriage and the parents who arranged for their children to marry. There are different views between Islamic law and civil law in Indonesia, especially in Law No.1 of 1974. The formulation of the problem in this research is what is the perspective of Islamic law and civil law in Indonesia on underage marriage in Pakue village? Meanwhile, the research objective was to determine the perspective of Islamic law and civil law in Indonesia on underage marriages in Pakue village. The research method used is qualitative research methods. Sources of research data were obtained directly from the head of the Office of Religious Affairs (KUA). People who carry out child marriages and research the literature from books and documents. By using the Interview, Observation and Documentation Instruments. Research Results Underage marriage that occurred in North Pakue sub-district in the perspective of Islamic law and civil law in effect in Indonesia, underage marriage is legal in Indonesian civil law if it follows the applicable laws. And in North Pakue sub-district there is a marriage that is not legal according to civil law but it is legal in Islamic law and also legal in terms of Islamic law and civil law
TINJAUAN HUKUM ISLAM TENTANG PENETAPAN UANG PANNAI’ (NAIK) DAN PENETAPAN MAHAR DALAM PERNIKAHAN MASYARAKAT LEMBAH SUBUR. (Studi Kasus Desa Lembah Subur Kec. Dangia Kab. Kolaka Timur Prov. Sulawesi Tenggara) Askar Saputra
Jurnal Syariah Hukum Islam Vol 2 No 2 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

The main problem of this research is to study, analyze and review in Islamic law the determination of increased money and the determination of the dowry that occurs in the marriage process of the people of Lembah Subur Village. Which is relatively high in the stipulation, this is because this determination does not see the ability of the prospective groom but sees the level of family popularity, education and economic status of the prospective bride. The determination made by the community in Lembah Subur Village is the biggest phenomenon or fear for men who have the desire to convey their good intentions to women who have these criteria. In this matter, this research directly examines the process of determining pannai 'money and dowry in the Islamic law review. The research method used includes qualitative research; the objects of research carried out include the local government, religious leaders and the people of Lembah Subur; The research method used is the method of interviewing the object of the researcher; The techniques used in this study use inductive data analysis, so the researcher will describe what he sees, hears, sees and asks. Based on the results of the research, it turns out that the Bugis community, especially in Lembah Subur Village, considers that giving Dui 'menre is a tradition given by men to women whose function is used as costs to carry out the wedding party from the beginning of preparation and until the wedding ceremony is over. The aim is to give respect to the family of the woman. The position of Dui 'menre in bugis customary marriage is one of the prerequisites, because if there is no Dui' menre there is no marriage. Islam does not regulate the provisions of Dui 'menre, but the law is permissible. Islam does not prohibit the giving of Dui 'menre in a marriage that is in the Bugis custom because there is no argument that explains it. The important thing is that giving Dui 'menre does not contradict syri'at and the determination of the value of Dui' menre does not have an element of compulsion, according to the abilities and abilities of men. However, in this study the authors get the impact of high panai money (Naik). As for the impact of the high determination of the number of Dui 'menre, namely canceling marriage, the relationship between the two families can become tenuous, many men are reluctant to marry, many spinster, cross .
TRANSAKSI JUAL BELI ONLINE DAN MANAJEMEN RESIKO PERSPEKTIF EKONOMI SYARIAH DI KOLAKA JUAL BELI (KJB) Engseng Engseng; Akmir Akmir
Jurnal Syariah Hukum Islam Vol 2 No 2 (2019): Jurnal Syariah Hukum Islam
Publisher : IAI Al-Mawaddah Warrahmah Kolaka

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Abstract

Kolaka Jual Beli (KJB) is an online transaction group using the Facebook application that is carried out by the community, especially in Kolaka Regency with the Pre-order system or the Salam contract. This group aims to facilitate entrepreneurs in selling goods or services and make it easier for consumers to find the goods or services needed. The formulation of the problem in this study is how to buy and sell transactions online according to the perspective of the Islamic economy in Kolaka Sale and Purchase (KJB) and how to manage the risk of buying and selling online transactions according to the Islamic economic perspective in Kolaka Jual Beli (KJB). The purpose of this study is to determine the online buying and selling transactions according to the Islamic economic perspective in the buying and selling kolaka and knowing the risk management of online buying and selling transactions according to the Islamic economic perspective in the buying and selling kolaka (KJB). The research method used is a descriptive type of research with a qualitative approach that is subjected to online buying and selling transactions and risk management in the Islamic economic perspective. Then the research procedure carried out includes intensive observation (observation, documentation, and interviews) about online buying and selling transactions and risk management from the perspective of the Islamic economy in Kolaka Sale and Purchase (KJB). The results of this study indicate that the application of buying and selling online with the salam contract carried out by group members is not in accordance with the proper harmony and terms of the salam contract due to a lack of understanding of the salam contract system. and the risk management used by producers and consumers is very good as a solution if a problem occurs. Based on existing practices, it can be concluded that the implementation of the salam contract is not in accordance with the principles of the Qur'an and Hadith or especially Islamic economics

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