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MUHAMAD DANI SOMANTRI
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muhamaddanisomantri34@gmail.com
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Program Studi Hukum Ekonomi Syariah, Fakultas Syariah IAILM Tasikmalaya
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Mutawasith: Jurnal Hukum Islam
Published by IAI Latifah Mubarokiyah Tasikmalaya
ISSN : 27222764     EISSN : 27234681     DOI : -
Core Subject : Religion,
Religion
Mutawasith is the academic journal of Islamic law that was first published in 2018 by the Program of Sharia Economics Law (Muamalah) of the Institute of Islamic Religion Mubarokiyah Tasikmalaya. The Mutawasith Journal is published periodically twice in one year in June and December. The focus of the study from the Mutawasith Journal emphasizes the research or conceptual results relating to the study of Islamic law, sharia economic law, family law, and the social institution of contemporary Islamic Law (actual) by writing methods referring to the standards of scientific writing. The Mutawasith Journal publicly receives contributions from academics and non-academics related to the topic of journal Studies. All published articles do not necessarily present a journal view, or other institution that has a relationship with the publication of a journal.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 2 Documents
 1 
Search results for , issue "Vol. 8 No. 2 (2025)" : 2 Documents clear
Diskresi Hakim terhadap Kekosongan Hukum Perkara Wasiat Wajibah Ditinjau dari Yurisdiksi Voluntair: Studi Empiris di Pengadilan Agama Kabupaten Kediri Annisa Vika Ayu Nurwulan
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1291

Abstract

The study focuses on analyzing the legal reasoning and judicial discretion in accepting and adjudicating compulsory will cases filed voluntarily, particularly in the absence of formal procedural regulations. This is an empirical research using a qualitative approach. Data were obtained through case analysis of Decision No. 007/Pdt.P/2022/PA.Kab.Kdr, interviews with judges, and supporting documentation. Data collection techniques included observation, in-depth interviews, and document study, which were then analyzed using descriptive qualitative analysis. The findings show that judges accepted the petition based on evidence of legal adoption proven through documents and witness testimony. The judges referred to Article 49 letter (b) of Law No. 3 of 2006, and Articles 171 (h) and 209 of the Compilation of Islamic Law (KHI) as legal bases. Judicial discretion was exercised to address procedural legal gaps by relying on voluntary jurisdiction principles and the concept of maslahah (public benefit). The study concludes that, in the absence of specific formal regulations, judicial discretion plays a crucial role in ensuring legal certainty, justice, and protection of rights in compulsory will cases.
Umar Ibn al-khattab and Islamic Legal Innovation: a Study on Reality-Based Flexibility Husnawadi
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1318

Abstract

The phenomenon of rigid and textual application of Islamic law in various contemporary judicial institutions highlights the need for a more adaptive and contextual legal approach. This study aims to describe the innovations and flexibility in the implementation of Islamic law during the caliphate of Umar ibn al-Khattab, a visionary leader known for his legal policies grounded in social realities. This research is crucial as a reference for actualizing Islamic law to remain relevant and responsive to the dynamics of modern society. This study employs a descriptive qualitative method, utilizing literature review techniques involving relevant sources such as classical and contemporary textbooks, encyclopedias, academic journals, and other secondary references. The collected data are critically analyzed and interpreted thematically. The findings reveal that Umar ibn al-Khattab innovatively interpreted and applied Islamic legal texts contextually, considering public welfare (maslahah), social conditions, and the nature of offenders. This indicates that Islamic law during Umar's era was characterized by its flexibility and responsiveness, serving as an ideal model for implementing Islamic legal principles in changing times.

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