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Is Susanto
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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. 2 No. 1 June (2022)" : 6 Documents clear
DOWRY FUNCTION IN PERSPECTIVE OF MUBADALAH Zulaikha, Siti; Nurjanah, Siti; Faizin, Mu'adil; Ferliandi, Agus Salim
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.11064

Abstract

Dowry is a gift from a husband to his wife which is done at the time of the marriage contract. Dowry is something that is not included in the conditions and pillars of marriage, but it must exist. Meanwhile, mubadalah is an approach used to understand the verses in the Qur'an which are general in form but at first glance, they seem to be biased towards one gender, or specifically for men where women are not addressed, and specifically women and men have not been addressed. so that the main message of the text can then be applied to the two sexes. This paper aims to examine the function of dowry using a young perspective which will use the literature study method, with data sources from all literature discussing dowry and mubadalah. The analysis will be carried out using qualitative methods with deductive thinking. In the discussion, it is known that dowry in the perspective of mubadalah is a provision that is set to strengthen the position of women. So it can be concluded that the dowry is actually to uphold the honor of women, so that the higher the appropriateness of the dowry given voluntarily, it can be considered as an indicator that the husband is committed and can prove his promise of sincerity. Keywords: Dowry, Mubadalah, Level of Appropriateness
WAHBAH AZ-ZUHAILI AND MUHAMMAD SYAHRUR'S METHODS OF THINKING ABOUT MARRIAGE Hidayat, Riyan Erwin; Suharto, S.; Bahrudin, Moh.; Zaki, Muhammad
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.13118

Abstract

By the development of the times, of course the law will also experience various developments, as well as marriage law in Islam which follows the times according to human needs. The development of marriage law in Islam cannot be separated from the existence of Muslim scholars. Among these Muslim scholars are Wahbah az-Zuhaili and Muhammad Syahrur. Az-Zuhaili uses the Usul fiqh method in interpreting the laws regarding marriage, while Syahrur uses the hermeneutic method in interpreting the laws regarding marriage. The two of them certainly have different opinions, because the way of thinking and the method of interpretation used are different. Therefore, through this study, the two thoughts of these figures will be examined. The results showed that the two figures viewed marriage as a very solid contract. The difference of opinion between the two lies in the discussion of the dowry, where according to az-Zuhaili that the dowry is a gift from the husband to the wife, and the wife has the right to get it because of the contract or actual intercourse, while Syahrur said the dowry is an unconditional gift given by the husband to his wife. Likewise, there are differences of opinion in the provision of a living and in terms of divorce and polygamy.
IMPLEMENTATION OF THE FULFILLMENT OF CHILD SUPPORT AFTER DIVORCE AT THE SUKADANA RELIGIOUS COURT OF LAMPUNG PROVINCE (Sociology of Law Perspective) Rachman, Evy Septiana; Zuhraini, Z.; Jayusman, J.; Mahmudah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.13527

Abstract

Child support is an obligation that arises because of the marriage bond. A father is obliged to meet the needs of the child's life until adulthood, even if there is a divorce. However, at the Sukadana Religious Court, this did not happen, there were still many fathers who neglected to provide for their children after the divorce decision was made. This is what becomes interesting for further research using the empirical legal approach method, data collection methods using interviews and documentation. This study will analyze the perspective of the sociology of law and draw conclusions using inductive and deductive thinking frameworks. The results of this study indicate that there are still children whose livelihood rights are not fulfilled in accordance with what has been stipulated in the decision of the Sukadana Religious Court. The father only carries out his obligations a few times in providing a support for the child and the amount given is not in accordance with what is stipulated in the court decision. This happens due to two factors: internal factors and external factors. So that this causes the ineffectiveness of implementing laws and regulations related to children's livelihoods.
POSITION OF CHILDREN OUT OF MARRIAGE IN PERSPECTIVE OF PROGRESSIVE ISLAMIC LAW Ma'arif, Toha; Faisal, F.; Khairuddin, K.; Baihaqi, Yusuf
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.13555

Abstract

Children born out of marriage are children born from marriages carried out according to their respective religions and beliefs. This understanding shows the existence of marriage, and if it is carried out according to the Islamic religion, then such a marriage is valid in the perspective of Islamic fiqh as long as it meets the requirements and pillars. Regarding to the position of children out of marriage, in 2012, the Constitutional Court issued a decision related to this matter which then raised pros and cons from various parties, both from legal practitioners, academics, the Indonesian Ulema Council, and even the community. Based on it, this research would like to examine more deeply related to the legal position of children out of wedlock in Indonesian legislation in the perspective of Progressive Islamic law. The type of research used is normative-empirical legal research using primary and secondary data, data analysis using qualitative descriptive and drawing conclusion using deductive thinking. The results showed that children out of marriage in the perspective of progressive Islamic law are children out of marriage have a kinship relationship with their father if born at least six months after marriage or within a grace period of four years after the marriage broke up provided it is evident that within four years their mother didn't excrete.
UNDERSTANDING AND AWARENESS OF GENDER EQUALITY IN DIVORCE AND ITS CONTRIBUTION TO ISLAMIC FAMILY LAW REFORM IN INDONESIA Hidayat, Eko; Mahmudah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.14625

Abstract

The formation of a family through marriage does not always go well, and it cannot be denied that when forming a marriage bond there are problems that must be lived by both of them. This happens due to various factors in the family. Conflict and discord lead to the end of the family through divorce as a last option. This is what happened in Lampung Province, where 17,229 divorce cases were registered in 14 Religious Courts during the period from January to November 2021. This research is a qualitative descriptive-analytic research.These research data collection methods are observation, interview, and documentation. The data analysis method used is qualitative analysis, and conclusions are drawn using inductive thinking. The results of the study show that the dominant factor influencing divorce in Lampung Province is the economic factor. Understanding and awareness of gender equality among divorcees in Lampung Province indicated that respondents had awareness and understanding of gender, but their partners did not want gender equality. Based on this, it is necessary to accommodate the principles of justice and gender equality in order to realize the goal of marriage to form a happy and eternal household with the addition of the principle of preventing violence in marriage as part of the principles of marriage.
MEDIATOR OF BHABINKAMTIBMAS MULYOSARI VILLAGE, WEST METRO SUBDISTRICT, METRO CITY IN RESOLVING HOUSEHOLD PROBLEMS Rahman, Ricky; Bakr, Omaima Abou; Asnawi, Habib Shulton; Mukhlishin, Ahmad; Muslih, M; Hidayat, Sarif
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.20599

Abstract

This article analyzes the role of Bhabinkamtibmas in making problem solving efforts by prioritizing mediation. The purpose of writing this article is the problem solving techniques of the Habibinkamtibmas in mediating married couples who experience domestic conflicts. In addition, to reveal the obstacles faced when mediating, because when making efforts to assist there are challenges from the parties that are difficult to make peace. This type of research is fielresearch, which is a type of field research, conducted in Mulyosari Village, West Metro Subdistrict, Metro City. The fielresearch was analyzed qualitatively. This research approach was analyzed using a case study approach. The result of the research is the problem solving of the Habibinkamtibmas in mediating domestic problems taken by Aibda Ali Iqbal by taking several steps, namely dissecting the siting of the case that occurred then making observations and then implementing the best solution for the parties, the result of mediation is that both parties take the peaceful path. Meanwhile, the obstacle in conducting mediation is the unanimous determination of the married couple to divorce. In addition, the litigants feel reluctant to reconcile, due to the trauma factor of the events that occurred in their household. If peaceful efforts reach a dead end, then Bhabinkamtibmas' efforts are to take repressive measures both criminally and civilly.Keywords: Problem Solving, Bhabinkamtibmas, Media, Household Problems

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