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 55 Documents
 2   3   4   5   6 
The Existence of Walimatul Urs Traditionally Ibal Serbow Lampung Pepadun Megou Pak Tulang Bawang and Relevance to Islamic Family Law Antoni, Ferry; Kafrawi, Shalahudin
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.20563

Abstract

This article examines the existence of a customary tradition carried out by the indigenous people of Lampung Pepadun Megou Pak Tulang Bawang, this tradition is about Walimatul Urs by Ibal Serbou custom. The purpose of writing is to analyse the view of Islamic law on the implementation of Walimatul Urs in the custom of Ibal Serbou Lampung Pepadun Megou Pak Tulang Bawang, and its relevance to Islamic family law. The method used is qualitative, the type of research is Field Research (field research) supported by Library Research. The approach used is a historical approach, the object of research is carried out in Tulang Bawang Regency, data collection techniques through observation, interviews and documentation. Interview informants were conducted directly to the community and traditional leaders of Lampung Pepadun Megou Pak Tulang Bawang, data analysis techniques inductively with Mashlahah theory. The results of the analysis show that the implementation of Walimatul Urs activities in the customary Ibal Serbou Lampung Pepadun Megou Pak Tulang Bawang involves stages such as Pineng (engagement), pengaku'an (release), and wedding reception. This process requires the participation of the families and communities of the four clans, the Walimatul Urs in the Ibal Serbou custom requires a lot of money and a long time. The implementation of Walimatul Urs in Ibal Serbou custom is not in accordance with Islamic Walimatul Urs activities and is not relevant to Islamic family law. 
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
DEVIANT POLYGAMY PRACTICES AND ITS IMPACT ON WOMEN AND CHILDREN: A CRIMINAL LAW ANALYSIS Edwar, Frand; Mukhlishin, Ahmad; Muslih, M; Hidayat, Sarif
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.20600

Abstract

Polygamous marriages can be carried out by first fulfilling the requirements as stipulated in the legislation. But in fact, there are cases of polygamous practices being carried out not in accordance with statutory regulations, and not obtaining permission from the Court, the practice of polygamous marriages is carried out secretly without the knowledge of the first wife and is carried out in sirri. The purpose of this article is to analyze the factors that led to the practice of polygamy in Notoharjo Village, Kec. Trimurjo Kab. Central Lampung, then the implications of deviant polygamy behavior on household harmony and whether deviant polygamous behavior can be punished. This type of article is qualitative, with a case study approach that is analyzed from a criminal law perspective. The primary data source for this article is the perpetrators of deviant polygamy. Data collection techniques through observation, interviews and documentation. The results showed that the factor of deviant polygamy was due to an affair that the first wife did not want to know about. The implications of deviant polygamous marriages are that they result in damage to harmony in the household, and deviant polygamous practices can be subject to criminal sanctions.Keywords: Deviant Polygamy, Implications and Criminal Sanctions.
DISPUTE RESOLUTION OF JOINT PROPERTY AND INHERITED PROPERTY DUE TO DEATH DIVORCE BY MEDIATION Awaludin, Ridwan; Muslimin, A; Mukhlishin, Ahmad; Hoggart, Fiona
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.20603

Abstract

The problem of disputes over mutual assets or shared assets and inherited assets as a result of divorce and death is a matter that greatly affects the survival of the family left behind. This often leads to long conflicts. These conflicts sometimes cannot be resolved by the parties themselves, as was the case with one of the families in Tempuran Village, Trimurjo District. They resolve the conflict through mediation outside the court which of course presents a mediator as a neutral party. The formulation of the problem in this study is how to resolve disputes over shared assets and inherited assets in Tempuran Village, Trimurjo District? What is the method of mediation used to resolve joint and inherited property disputes between the wife's and stepfather's children in cases of divorce and death? This type of research is field research (Field Research), while the approach is qualitative with empirical laws that are anthropological social juridical. Data collection procedures were carried out through observation, interviews, and documentation. Primary data comes from interviews, while observation and documentation are secondary data that complements the primary data. The results of this study are that the distribution of joint assets (gono-gini) and inherited assets as a result of divorce is resolved through the kinship line. This family meeting is held to maintain family relations between stepfathers and stepchildren in harmony. The amount of the distribution of assets is in accordance with the agreement that has been mutually decided, namely the amount of distribution of assets back and forth and inherited assets for stepchildren is greater with a total of 2/3% of the existing assets. This is because the child's mother carries more assets than her stepfather.Keywords: Joint Assets, Inherited Assets, Divorced, Mediation Law.
KEJAWEN SCIENCE IN JAVANESE MARRIAGE AND ITS IMPLICATIONS FOR HOUSEHOLD HARMONY HOUSEHOLD HARMONY A, M. Luthfi; Asnawi, Habib Shulton; Ismail, Habib; Zuhdi, M Nurdin
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.20605

Abstract

This article discusses the application of kejawen science in marriage. The purpose of writing this article is why some Javanese people still believe and practice kejawen science, especially in marriage, whether kejawen science has an impact on household harmony. Type of qualitative article, object of research in Kotabaru Village, Central Lampung, phenomenological study approach method, primary data sources are parents of married couples, religious leaders and community leaders. Data collection techniques through observation, interviews and documentation. The results showed that the Javanese community still believes and applies kejawen science in marriage. The reason is that it is believed that married couples have different wetons, have conflicting characters and traits, so the implication is that marriage is full of conflict and ends in divorce. Believing in Islamic divination is contradictory and forbidden for the reason of polytheism.Keywords: Kejawen Science, Marriage, Household Harmony.
Najmuddin Ath Thufi Mashlahah as Legal Reasoning for Judges' Decisions and Its Contribution to the Reform of Indonesian Islamic Family Law Bakhtiar, Bakhtiar
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.21021

Abstract

This article explores the concept of Mashlahah Najmuddin Ath Thufi as a legal reasoning for judges' decisions. The concept of Mashlahah Najmuddin Ath Thufi can be a solution for judges in deciding cases in court. The judges are required to build legal reasoning, who do not have strong legal reasoning can produce decisions that are considered Onvoldoende Gemotiveerd, namely decisions that are insufficient judgment. The question to be answered in this article is how is the construction of Mashlahah according to Najmuddin Ath Thufi in the legal reasoning of judges' decisions? What is the contribution of Najmuddin Ath Thufi's Mashlahah to the renewal of Islamic family law in Indonesia? The method of analysis uses qualitative, while the approach is normative. Data sources are obtained from books, law journals, court decisions and dictates. The results show that, Najmuddin ath Thufi's Mashlahah theory bases the constellation of Mashlahah on the superiority of human reason, based on the interpretation of the Prophet's hadith which reads la dharar wala dhirar. Mashlahah Najmuddin Ath Thufi as the basis of Legal Reasoning for judges' decisions focuses on rechtsvinding (law discovery) and creating new laws (rechtsschepping). Judges because of their position (ambtshalve), are not just the mouth or mouthpiece of the law (bouche de la loi), but become translators or givers of meaning (interpreters). Najmuddin ath Thufi's Mashlahah theory contributes to the reform of Islamic family law in Indonesia through court decisions.
Challenges and Issues in Mixed Marriage Between the Indonesian and Non-Indonesian Diaspora Kalek, Sally
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.24500

Abstract

This study examines the challenges and issues that arise in mixed marriages between Indonesian and non-Indonesian diaspora, especially from an Islamic perspective. This study highlights various issues faced by couples in mixed marriages, such as cultural differences, gender roles, religious views, and children's education as well as various identity issues for the couple. The research method uses a qualitative method through an in-depth literature review of primary sources that discuss marriage in Islam and the cultural challenges of mixed marriages. This study also looks at the acculturation process that occurs in mixed marriages and how Muslim couples maintain their religious identity amidst different socio-cultural pressures. The results of the study show that couples in mixed marriages are often faced with conflicts related to differences in cultural norms and values, especially in terms of food, clothing, and roles in the household. Differences in religious practices can trigger tension in relationships. Children from mixed marriages also often experience confusion about religious identity, which can affect their spiritual development. In conclusion, mixed marriages can be successful if couples can overcome their differences by understanding, respecting, and upholding Islamic values.Keywords: Cultural Identity, Culture and Tradition, Family Dynamics, Gender Equality, Mixed Marriage
Implementation of National Police Chief Regulation No. 8/2018 on Divorce Settlement for Police Members in Lampung Regional Police Environment Budi, Indra Setia
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.24506

Abstract

This study discusses the effectiveness of the implementation of National Police Chief Regulation No. 8/2018 concerning divorce permission and mediation in the Police environment, especially in the Lampung Regional Police. The main problems studied are the application of divorce permits, obstacles in the mediation process, and their contribution to the renewal of Islamic family law in Indonesia. The research used a qualitative approach with field research methods through in-depth interviews, documentation, and triangulation data analysis. The findings show that mediation can reduce the divorce rate, although there are obstacles such as time constraints and conflicts in the roles of police officers. The conclusion states that the mediation policy plays an important role in maintaining the stability of the family and the police institution, but a clear indicator standard is needed for divorce decisions. The research recommends evaluating and improving the relevant regulations to be more in line with the Marriage Law and the Compilation of Islamic Law, to ensure transparency and legal certainty in the divorce process within the Polri.Keywords: Divorce Msediation, National Police Chief Regulation No. 8/2018, Islamic Family Law
Judges' Considerations in Deciding on Marriage Dispensation Cases at Religious Courts in Lampung Province, Indonesia Iwannudin, Iwannudin
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.24534

Abstract

This article discusses the granting of marriage dispensation which is given in order to provide legal certainty to conduct marriages outside the age limit of marriage. While some sources state that marriage at a young age has a negative impact. The purpose of this article is to analyze the basis of the judge's argument in deciding the marriage dispensation case from a benefit perspective. This article is a field research, by examining the decisions of judges at the Religious Court in Lampung Province in 2022, primary sources are then analyzed qualitatively, analyzed based on the theory of legal sociology and benefits. The results of the analysis found that the basis of the judge's argument in the marriage dispensation case is several laws and regulations, and the principles of Islamic law. If the judge's decision only focuses on granting dispensation and imposing court costs, then the decision is inappropriate, because the judge's legal considerations are basically only based on the marriage law without considering other laws related to children such as Law No. 4 of 1979 concerning Child Welfare, Law No. 23 of 2002 concerning Child Protection. Based on the theory of Maqosid Syariah, the decision in question is less useful, because it only gives the impression of legal certainty to obtain marriage dispensation, without any certainty that the rights of children will be guaranteed in the future. The implications of the results of this study are as study material and consideration in the renewal of family law.Keywords: Legal Basis, Decision of Marriage Dispensation Judge, Maslahat
Direction of Islamic Law Compilation Reform: Efforts to Codify Indonesian Islamic Family Law Prima Angkupi; Muhammad Shofwan Taufiq
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 1 June (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/8yvc4288

Abstract

This article examines the problems and new directions of the reform of the Compilation of Islamic Law (KHI) towards the codification of the Islamic Family Law Law. KHI nevertheless has problems, the absence of a formal legislative process and a textualistic fiqh approach make the norms in the KHI less responsive to issues such as justice, equality and the social dynamics of Indonesian Muslim society. This article aims to identify the normative and legal roots of the KHI, as well as the legal political strategies that can be used to transform it into an Islamic Family Law Act in the national legal system. This research is a literature study with a historical and doctrinal approach, using Mahfud MD legal political theory and Jasser Auda maqāṣid al-syari’ah. The first finding shows that the legal position of the KHI is weak because it does not have a legitimate legislative basis in the post-reform national legal system, and its substance reflects a patriarchal construction that is not in line with constitutional values. The second finding shows that the renewal requires a legal political strategy that is transformational, multidisciplinary and participatory, therefore that the resulting Islamic family law is not only legally-formally valid, owever also socially legitimate and substantively just. 

Page 5 of 6 | Total Record : 55

 2   3   4   5   6 

Filter by Year

2021 2025


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)