Smart: Journal of Sharia, Tradition, and Modernity
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.
Articles
55 Documents
<![CDATA[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) ]]>
<![CDATA[Pradikta, Hervin Yoki]]>;
<![CDATA[Faisal, F.]]>;
<![CDATA[Pane, Erina]]>;
<![CDATA[Muafiah, Evi]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v1i2.11037
<![CDATA[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.]]>
<![CDATA[DOWRY FUNCTION IN PERSPECTIVE OF MUBADALAH ]]>
<![CDATA[Zulaikha, Siti]]>;
<![CDATA[Nurjanah, Siti]]>;
<![CDATA[Faizin, Mu'adil]]>;
<![CDATA[Ferliandi, Agus Salim]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i1.11064
<![CDATA[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]]>
<![CDATA[REFLECTION OF A DECADE OF PRE-MARRIAGE GUIDANCE ON FAMILY RESILIENCE IN INDONESIA ]]>
<![CDATA[Irfan, Muhammad]]>;
<![CDATA[Khair, Damrah]]>;
<![CDATA[Asnawi, Habib Shulton]]>;
<![CDATA[Firdawaty, Linda]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v1i2.11353
<![CDATA[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.]]>
<![CDATA[WAHBAH AZ-ZUHAILI AND MUHAMMAD SYAHRUR'S METHODS OF THINKING ABOUT MARRIAGE ]]>
<![CDATA[Hidayat, Riyan Erwin]]>;
<![CDATA[Suharto, S.]]>;
<![CDATA[Bahrudin, Moh.]]>;
<![CDATA[Zaki, Muhammad]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i1.13118
<![CDATA[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.]]>
<![CDATA[IMPLEMENTATION OF THE FULFILLMENT OF CHILD SUPPORT AFTER DIVORCE AT THE SUKADANA RELIGIOUS COURT OF LAMPUNG PROVINCE (Sociology of Law Perspective) ]]>
<![CDATA[Rachman, Evy Septiana]]>;
<![CDATA[Zuhraini, Z.]]>;
<![CDATA[Jayusman, J.]]>;
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i1.13527
<![CDATA[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.]]>
<![CDATA[POSITION OF CHILDREN OUT OF MARRIAGE IN PERSPECTIVE OF PROGRESSIVE ISLAMIC LAW ]]>
<![CDATA[Ma'arif, Toha]]>;
<![CDATA[Faisal, F.]]>;
<![CDATA[Khairuddin, K.]]>;
<![CDATA[Baihaqi, Yusuf]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i1.13555
<![CDATA[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.]]>
<![CDATA[UNDERSTANDING AND AWARENESS OF GENDER EQUALITY IN DIVORCE AND ITS CONTRIBUTION TO ISLAMIC FAMILY LAW REFORM IN INDONESIA ]]>
<![CDATA[Hidayat, Eko]]>;
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i1.14625
<![CDATA[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.]]>
<![CDATA[ANALYSIS OF JUDGES' DECISIONS REGARDING ISLAMIC INHERITANCE CASES AND ITS IMPLICATIONS FOR FAMILY LAW REFORM IN INDONESIA ]]>
<![CDATA[Pradikta, Hervin Yoki]]>;
<![CDATA[Mahmudah, Siti]]>;
<![CDATA[Susanto, Is]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i2.14626
<![CDATA[There is a disparity between the decisions of the Religious Courts, the High Religious Courts and the decisions of the Supreme Court related to Islamic inheritance cases since first-instance and appellate-level decisions tend to use normative law, whereas at the cassation level decision has used a progressive legal paradigm. Therefore, this study aims to look at the judge's decision regarding inheritance cases and its implications for legal reform. This research is a qualitative research, a type of library research with the approach of the Legal Pluralism Triangle Concept by Werner Menski. This study uses the theory of legal discovery, maqasyid as-shari'ah, and progressive legal theory, and draws conclusions using inductive thinking. The results of this study indicate that the decisions of the Religious Courts and the High Religious Courts still use a conservative legal paradigm which tends to only serve as mouthpiece for laws, in contrast to the decisions of the Supreme Court which have described the existence of ijtihad by using a progressive or contextual legal paradigm. The implication of the decision on Islamic inheritance for family law reform in Indonesia is that the Supreme Court's decision can be used as jurisprudence andas a reference for realizing the unification of Islamic inheritance law in Indonesia today.]]>
<![CDATA[CONSTRUCTION OF THE FIVE PILLAR LAW OF MUBADALAH IN THE PERSPECTIVE OF ISLAMIC MARRIAGE PHILOSOPHY ]]>
<![CDATA[Munawaroh, Lathifah]]>;
<![CDATA[Heradhyaksa, Bagas]]>;
<![CDATA[Sadari, Sadari]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i2.16043
<![CDATA[The philosophy of Islamic marriage is often overlooked by the perpetrators of marriage so that the divorce rate is always high. For example, the Central Statistics Agency (BPS) released data on the divorce rate in Central Java for various reasons, in 2020 it reached 65,815 divorces, in 2021 there will be no less than 65,722. Although comparing to the figures in the previous year, this figure has decreased slightly, it is still said to be high. One way to reduce this number is to require a complete understanding of the philosophy of Islamic marriage. The five pillar mubadalah can be jointly carried out by each husband and wife, so that household harmony can be achieved together. This paper seeks to examine this, where the type of research used is literature review with documentation techniques, the approach used is normative theology with content analysis techniques and drawing conclusions with a deductive thinking framework. The results of this study are that the philosophy of Islamic marriage is parallel to the maqasid sharia of marriage. Maqashid sharia marriage has two dimensions: maqashid ashliyyah or main maqashid, and maqashid taba'iyyah or complementary maqashid. The five pillar mubadalah are tips that need to be considered to create maqashid marriage and a philosophy of Islamic marriage at once]]>
<![CDATA[ANALYSIS STUDY OF THE MOVEMENT OF THE INDONESIAN WOMEN'S ULAMA CONGRESS (KUPI) IN AGAINST SEXUAL VIOLENCE AND CHILD MARRIAGE ]]>
<![CDATA[Hidayatulloh, Taufik]]>;
<![CDATA[Syifa, Bahro]]>
<![CDATA[ SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/smart.v2i2.16044
<![CDATA[Society's stigma regarding the role of women in the erroneous interpretation of religious texts makes women a creature that occupies the second position after men. The discriminatory interpretation of religious texts has limited the scope for women. One movement that pays attention to women's issues is the Indonesian Women's Ulema Congress (KUPI). KUPI formulates issues such as sexual violence, child marriage, and environmental damage. This research examines two issues, namely fighting sexual violence and child marriage with an analytical study of the movement of the Indonesian Women's Ulama Congress. This type of qualitative research uses descriptive-analytical and descriptive-interpretive methods, describing and explaining the consequences of sexual violence and child marriage. The results of this study indicate that sexual violence and child marriage are not at all good for anyone, instead they are bad. Therefore, these two things must receive serious attention from various parties in prevention efforts.]]>
