cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Is Susanto
Contact Email
issusanto@radenintan.ac.id
Phone
+6281279555711
Journal Mail Official
smart_submission@radenintan.ac.id
Editorial Address
Jl. Z. A. Pagar Alam Labuhan Ratu, Kedaton, Kota Bandar Lampung, Lampung
Location
Kota bandar lampung,
Lampung
INDONESIA
Smart: Journal of Sharia, Tradition, and Modernity
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : -     EISSN : 28078268     DOI : https://doi.org/10.24042/smart.v1i2.10965
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
SMART: Journal of Sharia, Tradition, and Modernity adalah jurnal peer-review, open-access yang diterbitkan oleh Prodi Hukum Keluarga Program Doctor Pascasarja Universitas Islam Negeri (UIN) Raden Intan Lampung. Jurnal ini bertujuan untuk mempublikasikan temuan penelitian yang berkaitan dengan studi hukum Islam, hukum keluarga Islam, Sejarah dan Pemikiran hukum Islam, Norma, Perilaku, dan Praktik Sosial Budaya di Indonesia pada khususnya dan Dunia pada umumnya, serta dimaksudkan untuk menerbitkan temuan penelitian asli dan isu-isu terkini tentang subjek tersebut.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 1 No. 2 December (2021)" : 6 Documents clear
REINTERPRETATION OF LIVELIHOODS IN MARRIAGE LAW AND ITS IMPLICATIONS ON FAMILY RESISTANCE IN THE TIME AND POST COVID-19 Mu'in, Fathul; Mukri, Moh.; Khairuddin, K.; Mahmudah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.10965

Abstract

The rules regarding a living in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law imposes the obligation to earn a living only on the husband. These two regulations create problems in society. Many wives demand a living from their husbands. Not a few wives also have jobs and income, but they are spent on their own needs, including for consumptive things, channeling hobbies and others because they think that fulfilling a living is not part of their obligations. This condition is coupled with the interpretation of a number of verses of the Qur'an and the traditions of the Prophet which are still patriarchal. The marriage law and a number of verses of the Qur'an and the Prophet's hadith need to be reinterpreted. This is because the development of an increasingly advanced era makes the role of women not only as wives who only take care of the household, but also as one of the contributors to the economy. This research uses the library research method. This study concludes that the livelihoods in these two laws and regulations need to be updated to be relevant to current conditions. Supposedly, the wife also has the same obligation in matters of livelihood. The reinterpretation of livelihood using the interpretation of mubadalah is to produce the principle of mutuality. The wife can even be the main breadwinner under certain conditions. This interpretation has implications for the fulfillment of the family's economy during the pandemic and post-covid-19 pandemic. Because, in difficult economic conditions, the wife participates in helping the family economy on a macro basis or even as the main provider in the household who changes places with her husband.Keywords: Reinterpretation, Livelihoods, Marriage Law, Family Resistance, Covid-19 
LEGAL PROTECTION OF CHILD VICTIMS OF SEXUAL VIOLENCE AS A CONTINUOUS PROTECTION MEANS (Islamic Law Studies and Psychoanalytic Psychological Theories) Sulastri, S.; Suharto, S.; Zuhraini, Z.; Nurjanah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.10976

Abstract

Child protection is a right that must be obtained by children as it has become their rights as stated in the law. Child protection is a guarantee for its part to be upheld because in the constitution there is a guarantee of human rights, especially if you have been a victim of sexual violence. This article aims to find out how legal protection is for Child Victims of Sexual Violence and from the point of view of Islamic law and psychoanalytic psychology theory, which in the end can become sustainable protection. As a country that has various religions, there is Islam which plays a role in providing enlightenment, which is described in Islamic law with various theories. In addition, psychological impacts occur for children, will affect development so it is necessary to know how efforts must be made in terms of Psychoanalytic Psychology theory for this is an ongoing protection given to children as victims of sexual violence. This study uses a qualitative method with subjects AM (14 years) and MT (12 years) who are victims of sexual violence and stepfather perpetrators. The results of the research are: Legal protection must still be obtained, even though there has been a statement of forgiveness by the child as a victim inasmuch as this is clearly influenced by the psychological energy of anxiety caused by him getting wrong treatment from people who must provide protection to him. Islamic law exists so that children get their rights, including protection, education rights, custody rights, housing rights, the right to make choices, the rights of opinion and rights as children who are the hope of the nation.Keywords: Legal Protection, Child Victims Of Sexual Violence, Continuous Protection Means, Islamic Law, Psychoanalytic Psychological Theories
PREVENTION OF DIVORCE THROUGH THE MOVEMENT OF THE MASTURAH PROGRAM AND ITS CONTRIBUTION TO RENEWAL OF FAMILY LAW IN INDONESIA (Case Study of the Tabligh Congregation in Lampung Province) Suratno, S.; Baihaqi, Yusuf; Maimun, M.; Faizal, Liky
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.10991

Abstract

Islam as a perfect religion has regulated the entire order of human life both concerning the life of the world and the hereafter, one of which is the sustainability of human descendants through a legitimate way, through marriage, where one of the goals is to form a sakinah family, but to make it happen is not as easy as turning the hand. It takes a process and cooperation between husband and wife and family members to make it happen, and it is not uncommon for households to contain various disputes with the end of divorce, especially during the current covid-19 pandemic, and to minimize this, the Tabliqh congregation of Lampung Province carries out the Masturah Program movement to prevent the increase in divorce cases in Lampung. This research is a qualitative research using an empirical juridical approach and is descriptive analytic, data analysis using inductive and deductive thinking frameworks. This study found the fact that the masturah program is very effectively used as a contemporary method to make it easier to create a sakinah family and as a renewable method as a means of mediation by the mediator so that religious courts and scholars are able to reduce divorce rates in Lampung province, especially among the Tabligh congregation community. Keywords:     Divorce Prevention, Masturah Program, Tabligh Congregation.
RECONSTRUCTION OF NUSYÚZ CONCEPT IN COMPILATION OF ISLAMIC LAW IN INDONESIA (Gender Equality Perspective Analysis) Fitri, Al; Alamsyah, A.; Sadari, S.; Susanto, Is
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.10992

Abstract

Nusyúz is a classical conception codified as a standard law written in Qs. an-Nisáa’ verses 34 and 128. The conventional fiqh perspective of nusyúz connotes the wife’s disobedience to her husband, because it is influenced by the patriarchy of pre-Islamic Arab culture. Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in Indonesia mentions nusyúz in Articles 80, 84 and 125, only regulates the wife’s nusyúz and its legal sanctions, while the husband’s nusyúz is not mentioned. There is ambivalence, ambiguity and legal injustice for the wife. The focus of this research is the concept of nusyúz in KHI from a gender perspective and its correlation with the development of family law in Indonesia. This type of research is library research with a gender equality analysis approach. The results of this study indicate that it is necessary to rearrange the concept of nusyúz in the KHI, including the modern era understanding of nusyúz and adding the husband's concept of nusyúz and its legal sanctions in KHI.Keywords:     Nusyúz Modern Era, Gender Perspective, Justice.
THE PARADIGM OF JUDGE'S THOUGHTS IN THE SETTLEMENT OF ISLAMIC INHERITANCE CASES AND THEIR IMPLICATIONS ON FAMILY LAW RENEWAL IN INDONESIA (Study on Supreme Court Decision Number 721 K/Ag/2015, Supreme Court Decision Number 218 K/Ag/2016, and Supreme Court Decision Number 331/K/AG/2018) Pradikta, Hervin Yoki; Faisal, F.; Pane, Erina; Muafiah, Evi
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.11037

Abstract

Judges do not only act as mouthpieces of the law and carry out normative and procedural laws and regulations, but also promote a sense of justice in the community. Several Supreme Court decisions such as Supreme Court Decision Number 721 K/Ag/2015, Supreme Court Decision Number 218 K/Ag/2016, and Supreme Court Decision Number 331/K/AG/2018, have illustrated the existence of progressive ijtihad that does not only adhere to positivistic legal reasoning but also to progressive legal reasoning by using the legal discovery method in the form of legal interpretation with a philosophical, empirical and juridical approach. In practice, the decisions mentioned above can be used as permanent jurisprudence by judges in all judicial bodies. The legal values contained in jurisprudence can be used as legal rules in upholding justice and legal certainty. The judge's decision has two important dimensions. First, the decision is a solution for solving Islamic inheritance cases for the disputing parties and outside the parties. Second, as a legal regulation for the future (ius constituendum). Keywords:     Judge's Decision, Ijtihad, Progressive, Jurisprudence.
REFLECTION OF A DECADE OF PRE-MARRIAGE GUIDANCE ON FAMILY RESILIENCE IN INDONESIA Irfan, Muhammad; Khair, Damrah; Asnawi, Habib Shulton; Firdawaty, Linda
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.11353

Abstract

The implementation of premarital guidance is based on the fact that so many divorces occur not only among families who have been married for a long time but also experienced by new couples. The state's attention to the integrity and resilience of the household is clearly stated in Law Number 1 of 1974 article 1. This research uses a qualitative (descriptive) method with the type of library research, with a socio-historical and philosophical approach. The analytical method used is qualitative data analysis, while drawing conclusions using deductive thinking. The results of this study indicate that the substance of premarital guidance is to provide basic direction and knowledge for the realization of a sakinah, mawaddah, warahmah family so that integrity and resilience in the household are achieved. The principle of premarital marriage guidance is as an effort to prevent divorce by upholding the mandate of Law no. 1 of 1974 as a representative of the holy book al-Qur'an with the aim of marriage to achieve a happy and eternal family based on God Almighty. Premarital marriage guidance has had an effect on household resilience but still needs to be maximized due to the fact that the divorce rate from year to year has increased. Keywords:     Marriage Guidance, Pre-Marriage, Family Resilience.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2021 2021


Reset
Filter By Issues
All Issue Vol. 5 No. 2 December (2025) Vol. 5 No. 1 June (2025) Vol. 4 No. 2 December (2024) Vol. 4 No. 1 June (2024) Vol. 3 No. 2 December (2023) Vol. 3 No. 1 June (2023) Vol. 2 No. 2 December (2022) Vol. 2 No. 1 June (2022) Vol. 1 No. 2 December (2021) Vol. 1 No. 1 June (2021)