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Nafi'ah
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INDONESIA
Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
ISSN : 26861607     EISSN : 26864819     DOI : https//doi.org/10.37680/almanhaj
Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan hukum Islam yang memiliki nilai baik dan rasionalitas tinggi. Ruang lingkup pembahasannya meliputi ilmu hukum, hukum perdata, hukum pidana, hukum tata negara, hukum bisnis, hukum administrasi negara, hukum Islam, ahwal syakhsiyah, muqaaranah al-mazaahib, jinayah, siyasah, muamalah, dan pranata sosial Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 64 Documents
Search results for , issue "Vol. 4 No. 2 (2022)" : 64 Documents clear
'Urf Analysis Study Of The Salenan Tradition After The Engagement Makhtum, Maulana Mokhammad; Ni'ami, Mohammad Fauzan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1691

Abstract

This article will discuss the salenan tradition after the engagement of the Duko Timur village community, Larangan District, Pamekasan Regency. This tradition is seen as an obligation that must be carried out by couples who have carried out an engagement. The focus of this study is to photograph the salenan tradition by tracing the people's understanding of the tradition so that the philosophical tradition of the tradition is revealed. Because of this, this article uses field research with data collection patterns in the form of observations and interviews. While this paper uses a sociological approach which will then be analyzed using the theory of Islamic law, namely Abdul Karim Zaidan's 'urf perspective. This paper finds that salenan is an 'urf shāhīh which can be used as a source of law for the surrounding community, this is found through the achievement of the requirements of a tradition that can be said to be an ‘urf shāhīh in Abdul Karim Zaidan's perspective. In addition, it was also found that the salenan tradition was included in the category of 'urf fi'lī and 'urf 'khāsh.
Dispensasi Nikah: Analisis Kontemporer Dimensi Pernikahan Dini Menurut Berbagai Aktor di Kabupaten Bantul D.I Yogyakarta Hilyasani, Faida; Najib, Agus Moh; Harahap, Reiki Nauli
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1710

Abstract

The phenomenon of early marriage or marriage dispensation continues to experience a surge, although it has dropped in 2020. Early marriage is considered as a social problem because it violates laws, regulations, and norms in some Indonesian societies. The study was conducted at the Bantul District Religious Court. The purpose of this study is to find out the meaning of the granting of marriage dispensation by the state and the opinions of various actors to the phenomenon of early marriage. This research was conducted using qualitative methods and interperative descriptive techniques. This research reveals the meaning of early marriage as a reality in society. The results of the study stated that there are various factors that cause early marriage or the granting of marriage dispensation, namely pregnancy before marriage, economic factors, educational factors and environmental factors. The granting of marriage dispensation by religious courts is carried out on the basis of four things, namely instrumental acts of rationality, rational actions of indigo, affective actions and traditional actions.
Pernikahan Dini Dalam Upaya Menjauhi Zina: Solusi atau Kontroversi? Suprima, Suprima
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1716

Abstract

Nowadays, early age-marriage mostly happen in Indonesia because of married by accident, demands of customs, parents, and others. Indonesia is the 2nd country in Asia with the highest rate of early marriage and 37th in the world in 2007 (According to the United Nations Development Economic and Social Affairs (UNDESA) in 2010). In this study, researchers have more interest in exploring the phenomenon of early marriage that is rife by focusing on studying and knowing about early marriage as a solution or controversy to avoid an act of adultery. According to the view of Islam, customary law, and other laws. This study uses descriptive quantitative methods with data collection using a questionnaire. Although Islam does not determine the age for marriage, there are many factors that cause a negative impact if early marriage is not carried out with a good preparation. This thing will affect the psychological, physiological, social, economic, and other factors that lead to disadvantage. Therefore, it is better to prepared marriage more maturely before making a decision, because marriage in Islam is a worship and sacred thing.
Konten Akun TikTok Nadiraa Hijab dalam Perspektif Wanita Muslim Nadia, Kholimatus; Abdurrazak, Abdurrazak
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1727

Abstract

Young Muslim are starting to be interested in buying hijab or clothing products that they see on the TikTok platform because of the visual content that is displayed with its own uniqueness, besides that they are Muslim women who follow fashion trends, as well as Muslim women who try. Follow the trend by using the hijab. One of the TikTok accounts that has a hijab shop in Yogyakarta and always updates its content with products that are currently hits, namely the @Nadiraa-hijab account. The results of observations with rational choice theory glasses, on the @Nadiraa-hijab account, found at least 5 reasons why consumers are interested in buying products from Nadir’s store which they watch through videos on the TikTok platform. Among them are the uniqueness and novelty of video content whose products follow trends, the use of numbers in product endorsements, then the price and quality of goods sold by Nadiraa’s store on his TikTok account @Nadiraa-hijab, then ease of purchase and finally the emotional connection berween fellow communities is built. On social media is judged by the number of likes and comments on the @Nadiraa-hijab assount. Judging from customer comments on Nadiraa’s TikTok account, that they are very happy with the products offered because they are in accordance with the fashion trends of today’s young people, who wear hijab starting from an interest in following fashionable trends, or indeed wearing hijab because they follow shariah in Islam.
Studi Kelayakan Destinasi Wisata Ramah Muslim untuk Meningkatkan Citra Wisata di Sumenep (Studi Kasus Pantai Lombang dan Pantai e-Kasoghi Kabupaten Sumenep) Rozi, Fachrur; Camelia, Allyvia
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1736

Abstract

According to the Minister of tourism and creative economy, Sandiaga Uno, Muslim Friendly Tourism which is one of the advantages of tourism from various types that are developed. The concept of Muslim friendly tourism is Halal tourism that referred to an extension of service or an increase and expansion of services, it does not mean that it is a tourist place. This concept is a brilliant idea in ensuring the comfort of Muslim tourists in tourist places, because Indonesia is a Muslim-majority country. Indeed the concept of a feasibility study there are several items as a guide to measure the feasibility of a tourist destination in this case such as Attraction, Accessibility, Community Socio-Economic Environmental Conditions, Accommodation, Supporting Facilities and Infrastructure, Security, Relationships with Other Tourist Objects. This feasibility study was conducted to see the readiness of tourist destinations as pilot destinations in Sumenep district. This location was chosen because Lambang beach is a tourist destination managed by the government and has become an icon of marine tourism in Sumenep, while e-Kasoghi beach is a new destination managed by local (private) villages. In addition, the COVID-19 pandemic demands many things, especially tourist destinations that must follow the health protocols that have been instructed by the central government to ensure tourists are safe and comfortable while at tourist locations. CHSE certification is the application of health protocols based on Cleanliness, Health, Safety, and Environment Sustainability. This is a health regulation or protocol with the term CHSE.
Pengurusan Penjualan Saham Sebagai Objek Harta Kekayaan dalam Boedel Afwezigheid Natasha, Shela; Rahman, M. Taufik
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1738

Abstract

The protection of civil rights for every citizen, including those who are absent (afwezigheid) is one of the rights that must be fulfilled by the government. The interpretation of the rule of law is basically needed to realize the objectives of the law, namely justice, expediency, and legal certainty. Not explicitly stated in the law as an object of boedel afwezigheid's assets, it should not be a barrier for the Balai Harta Peninggalan as boedel management to carry out the management of the shares. Expansion of wealth that is not just land and buildings as stated in the rules governing afwezigheid is absolutely necessary to provide legal certainty in the management and management of the share boedel. Therefore, this research which combines literature study and field study was conducted to explain the management of sales as an object of property in the boedel afwezigheid conducted by the Heritage Heritage Center so that it can be seen that the implementation of legal rules in the field can be more flexible than written legal rules.
Halal Certification in Slaughterhouses (RPH) Impacts on Halal Certification of Animal-Based Food Products Mustahal, Muhamad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1749

Abstract

Animal housing (RPH) plays a significant role in passing the halal certification of products based on animal ingredients. However, the awareness of RPH to certify halal RPH is still very low, so micro and small business actors feel they are getting halal-certified materials for their products. This research will focus on the regulation of halal certification in animal house services (RPH) and the expansion of MSE product certification. Many animal products require halal certification as a guarantee of the halalness of the product. Since the majority of users in Indonesia are Muslims, it is very important to provide food safety for them. This research is an analytical descriptive study using a qualitative approach. The results of this study indicate that the low factor of halal-certified abattoirs is due to several factors. The most dominant factor is that there is no pressure from the government or consumers, the second factor is because they feel that their slaughter is halal, and the third factor is the understanding without a halal certificate, even meat is already halal. And the fourth factor does not know about the halal certification. The conclusions of this study include: first, the law on halal certificates in the field of slaughterhouse services has not received serious attention from related parties, and second, the lack of halal certificated slaughterhouses for animal-based MSE products. Third, the need for more serious socialization to increase the awareness of RPH service owners on the importance of halal certificates for RPH. Suggestions from the results of this study are that each element related to RPH should pay more attention to the rules made by BPJH of the Ministry of Religion in ensuring the halalness of RPH, such as the Ministry of Trade and Industry, the Ministry of Cooperatives and SMEs and related agencies.
Peran Program Pelayanan Rehabilitasi Sosial Anak Berhadapan Hukum (ABH) Nazira, Faizzatun; Nawangsari, Ertien Rining
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1775

Abstract

This study aims to determine how the social rehabilitation service program for children with the law. Using role theory by Biddle and Thomas, this research uses qualitative methods with data collection techniques through interviews, documentation, and observation. focuses on Expectations, Norms, Performance, Evaluation, and Sanctions. The result is that the Marsudi Putra Technical Implementation Unit Surabaya is used as a place of service for the protection of minors who commit criminal acts, with the existence of a rehabilitation center they will get protection rights, the rehabilitation process is given to all clients, sanctions from the Marsudi Putra Technical Implementation Unit can be given to staff who have problems with respect to existing guidelines. The rehabilitation program services provided by the Marsudi Putra Technical Implementation Unit are expected to provide lessons for minors who commit crimes so that they have a deterrent effect and do not make the same mistakes.
Efektivitas Penerapan Transaksi QRIS Era Covid-19 di Pasar Tradisional Kota Batam Menurut Perspektif Hukum Progresif Permatasari, Rika; Amboro, F. Yudhi Priyo; Nurlaily, Nurlaily
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1780

Abstract

In the Covid-19 era, the Minister of Public Health uses non-cash transactions, non-cash transactions that reduce direct interaction are the QRIS (Quick Response Code Indonesian Standard) payment system, with a QR Code Scan of successful payment transactions. So according to researchers, traditional markets in Batam city are places that often use cash transactions, so it is good if QRIS payments can be made in traditional markets. The research used by the researcher is empirical which goes directly to the field to see the market situation and how effective the implementation of QRIS is by conducting interviews with business actors in the traditional market. The researcher obtained data from DISPRINDAG, Bank Indonesia and Conventional Banks for effective implementation of QRIS in Traditional Markets because of the 51 Traditional Markets in Batam City only 3 traditional markets have implemented QRIS, so the solution is according to Government Progressive Law, Bank Indonesia and Conventional Banks that support QRIS must conduct socialization to traditional market businesses and the community to explain more clearly and help business actors who want to implement QRIS so that the implementation of QRIS can run effectively, and can suppress the transmission of Covid-19, at the Batam City Traditional Market by utilizing the non-cash payment method using QRIS
Kedudukan Hukum Perawat Bedah Pasca Pembedahan dalam Sengketa Medis di Rumah Sakit Riyanto, Ontran Sumantri; Panggabean, Hetty W.A.; Kurniawan, Erik Adik Putra Bambang; Hitauruk, Monika
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.1784

Abstract

Surgery is an effort to treat or help to treat a patient's disease. The increasing demand for health care is to increase, whether it is expected that a nurse improves her knowledge and skills, such as a surgical nurse specialist. This research uses normative juridical research methods, using secondary data sources including legislation, books, journals, court decisions, and other literature. The result of the study is that the surgical nurse while performing his duties both in the surgical room, before surgery, during surgery and after surgery must be based on SOPs and mandates from doctors made in writing. That way a surgical nurse if working is in accordance with the procedures and directions of the doctor, the surgical nurse cannot be sanctioned in the event of a medical dispute because his responsibility rests with the surgeon.