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AL-MASHALIH (Journal of Islamic Law)
Published by Sekolah Tinggi Ilmu Syariah Husnul Khotimah Kuningan
ISSN : 2621055x     EISSN : 26209187     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
AL MASHALIH is published by Sekolah Tinggi Ilmu Syariah Husnul Khotimah (STIS HK) Kuningan, West Java, Indonesia. The journal will focus on providing quality research in the areas of Islamic Family and Economic Law. The goal of the journal is to cover topics that are paramount in modern Islamic family and economics law. Accordingly, papers that focus on emerging and interdisciplinary topics are encouraged. In addition, the goal of the journal is to provide research that is relevant and applicable to a diverse set of Islamic Law researchers and professionals.The Journal is published twice a year on June and December. The aim of the journal is to disseminate the Islamic Family and Economic Law researches done by researchers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
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Pemberian Hak Asuh Anak kepada Ayah Pasca Perceraian dalam Putusan Pengadilan Agama Kuningan No. 2037/Pdt.G/2028/Pa Kng. : (Analisis Hukum Islam dan Hukum Positif) Eka; Diah Sugiarti, Lilis
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 01 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i01.239

Abstract

Child custody is a very important issue after divorce and receives special attention in the law. In the decision of case no. 2037/Pdt.G/2018/PA.Kng, the Panel of Judges decided to give custody of a five year old child to his father, which was different from what was supposed to be. This attracted the attention of researchers because it contradicts the provisions contained in Article 105 of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974 concerning Marriage Article 41. These articles emphasize that children who have not reached the age of twelve (not yet mumayyiz/point of age where children attain the ability to differentiate between good and evil, right and wrong) should have been given custody to his mother. This research aims to find out the basic considerations of the Panel of Judges as well as the views of Islamic Law and Positive Law regarding granting child custody to fathers after divorce. Qualitative methods were used in this research, using library research and documentation data collection techniques. The research results show the following: 1). The judge's basis for deciding this case used Article 41 of Law no. 1 of 1974 concerning marriage, Article 26 paragraphs (1 and 2) letters (a and b) of Law no. 23 of 2002 concerning Child Protection, as well as Article 156 letters (c) and (d) Compilation of Islamic Law, as well as the Kifayah Al Akhyar Book Juz II page 152. 2). The view of Islamic law regarding the consideration of the panel of judges in deciding the case of granting child custody to the father after divorce, when viewed from the perspective of munakahat jurisprudence, is not in accordance with Islamic law. However, from the maqashid sharia perspective, the Panel of Judges has considerations of muhafazah al-nasl/al-nasb or preserving offspring. The Positive Law view is in accordance with positive law. Even though in making a decision on this case, the Panel of Judges did not consider the order of people entitled to receive child custody as regulated in Article 156 letter (a) of the Compilation of Islamic Law, yet the Panel of Judges used its authority based on Article 41 of Law no. 1 of 1974 concerning marriage
Perpindahan Wali Nasab ke Wali Hakim Karena Wali Adhal dalam Penetapan Pengadilan Agama Kuningan No. 311/PDT P/2022/PA.kng: (Studi Perspektif Fiqih Muqoronah) Hidayat, Yayat; Prasetya Ningrum, Indah
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 01 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i01.240

Abstract

A marriage (parental) guardian is one of the legal requirements for marriage. Thus, any woman who marries without her guardian's permission is invalid. However, problems arise when the parental guardian is reluctant (adhal) to marry the prospective bride to the groom. The purpose of this research is to find out how the transfer of the parental guardian to the magistrate guardian is determined due to the guardian’s reluctancy (adhal) case number 311/Pdt.P/2022/PA.Kng. as well as Islamic law review on the judgment of the transfer of a parental guardian to a magistrate guardian due to the guardian’s reluctancy (adhal) based on the Fiqh Muqoronah perspective, case number 311/Pdt.P/2022/PA.Kng. This research uses a qualitative method with a descriptive data collection technique. The type of research used is field research. The data sources used are primary and secondary data sources. The data collection techniques used are interviews and documentation. The data analysis used is qualitative data analysis. The obtained data are then reduced, presented, and concluded using descriptive analysis techniques. The conclusions of the research are as follows: (1) Regarding case number 311/Pdt.P/2022/PA.Kng, the Kuningan Religious Court decided to grant the petitioner's request, by appointing the KUA (religious court) as magistrate guardian in place of the parental guardian due to the guardian’s reluctancy (adhal). Based on Islamic law, there is no prohibition between the petitioner and her prospective husband from getting married, because there is no mahram or consanguineous relationship between them. The solution is that these matters should be determined immediately to avoid problems that may arise. (2) Review of Islamic law regarding the judgment of the transfer of a parental guardian to a magistrate guardian due to the guardian’s reluctancy (adhal) based on the Fiqh Muqoronah perspective in the Study of the Judgment of the Kuningan Religious Court Number 311/Pdt.P/2022/PA.Kng, shows that it is in line with the Imam Madzhab, namely the Maliki Madzhab, Asy-Syafii, and Hanbali. According to the majority of Imam Madzhab, if the guardian refuses to marry the bride to the groom even though he is the mujbir guardian, then the magistrate guardian is the one who marries the bride to the groom. This is caused by a situation where the rights of guardian are attached to him, namely the petitioner's older brother, but his rights as guardian are terminated due to circumstances. Meanwhile, based on the perspective of the Hanafi Madzhab, in the case of a guardian’s reluctancy (adhal), it is like an invisible guardian. If the guardian is not present, then the guardianship rights are transferred to the ashabah guardian who has a further relationship according to the composition of the guardian.
Perkembangan Dispensasi NIkah dalam Perbandingan antara UU No. 01 Tahun 1974 dan UU No. 16 Tahun 2019 pada Konteks Perkawinan di Sidoarjo Ihsan, Muhammad Thoriqul; Alfian, Muhammad Yourdan; Safira, Mirza Elmy
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 01 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i01.243

Abstract

Surat nikah adalah izin yang diperoleh dari peradilan atau pemerintah yang berwenang untuk mempercepat pernikahan di bawaah usia yang sah. Di Indonesia, menurut Undang-Undang Nomor 16 Tahun 2019 tentang Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 tentang Pernikahan, umur minimum untuk menikah ialah 19 tahun baik dari pria maupun wanita. Namun jika kedua mempelai masih di bawah umur tersebut, maka harus diberikan surat nikah dari peradilan agama atau pengadilan setempat (bagi non-Muslim). Penelitian ini mengaplikasikan evolusi surat nikah dalam perbandingan Undang-Undang No 01 Tahun 1974 dan UU No 16 Tahun 2019 dalam konteks pernikahan di Sidoarjo. Tujuan melakukan penelitian ini adalah menganalisis Undang-undang tersebut yang menetapkan usia minimal perkawinan antara seorang pria dan seorang wanita adalah 19 tahun. Oleh karena itu, diperkirakan banyak masyarakat khususnya remaja yang ingin menikah di usia muda atau bahkan lebih awal dari usia remajanya. Oleh karena itu, peneliti sangat bersemangat untuk melakukan penelitian ini. Penelitian ini menggunakan penelitian noormatif empiiris. Penelitian hukuum ada dua jenis, yaitu penelitian hukuum normaatif dan penelitian hukum empiiris yang meenggunakan data primeer dan seekunder
Analisis terhadap Implementasi Akad Wadiah Yad Adh-Dhamanah pada Produk Simpanan Pendidikan di BMT Talaga-Majalengka Bakri, Mukhlis; Rohmatul Farida, Rima
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 01 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i01.245

Abstract

The Wadiah Yad Adh-Dhamanah contract is one of the contracts used by BMT Talaga in Talaga Wetan Village, Talaga District, Majalengka Regency in its operations. The Wadiah Yad Adh-Dhamanah contract is applied to education savings products, where customers or members of BMT Talaga entrust their assets to the institution, and the institution may utilize the entrusted assets, from which it will fully benefit. The institution may provide bonuses to customers or members that were not previously promised at the time of the contract. However, the exact implementation of the Wadiah Yad Adh-Dhamanah contract in education savings products at BMT Talaga, as well as the Islamic law regarding this contract, is not yet known. This research aims to determine the implementation of the Wadiah Yad Adh-Dhamanah contract in education savings products at BMT Talaga. Additionally, this study also aims to analyze the Islamic legal perspective on the implementation of the Wadiah Yad Adh-Dhamanah contract in education savings products at BMT Talaga. This research is qualitative, utilizing field research methods. The data collection techniques include interviews and documentation. The results of this research are as follows: firstly, the practice of the Wadiah Yad Adh-Dhamanah contract in education savings products, which includes the deposit-taking for education savings and the bonuses provided by the institution. Secondly, the research indicates that the practice of the Wadiah Yad Adh-Dhamanah contract in education savings products at BMT Talaga in Talaga Wetan Village, Talaga District, Majalengka Regency, when viewed from the pillars and conditions of the contract, is in accordance with Islamic law, and the withdrawal system for savings is in line with Fatwa DSN MUI No. 02/DSN-MUI/IV/2000. However, the provision of bonuses for education savings is not in accordance with Fatwa DSN-MUI No. 02/DSN-MUI/IV/2000 because the bonuses for education savings at BMT Talaga are predetermined at the outset.
Praktik Tebus Murah Produk dengan Syarat Membeli Jenis Barang yang Ditentukan oleh Penjual Mualim, Mualim; Hidayat, Yayat; Fauziyah, Aulia Tsamrotul
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 02 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i02.264

Abstract

The practice of cheap redemption of products is one form of promotion in a company including in Indomaret Cipicung District, Kuningan Regency, where in its implementation consumers must meet the total shopping requirements determined by Indomaret Cipicung District, Kuningan Regency. However, it is not yet known exactly how the practice of cheap redemption of products at Indomaret Cipicung District, Kuningan Regency and how Islamic law reviews the practice of cheap redemption of these products. This study aims to determine how the practice of cheap redemption of products at Indomaret Cipicung District, Kuningan Regency and this study aims to analyze the review of Islamic law on the practice of cheap redemption carried out at Indomaret Cipicung District, Kuningan Regency. This research is qualitative research and also includes the type offield research. Data collection techniques using interviews with staff and consumers of Indomaret Cipicung District, Kuningan Regency and documentation. The results of this study are first, the practice of cheap redemption of products at Indomaret Cipicung District is a form of reward or appreciation to consumers for reaching total shopping at Indomaret. Second, based on the review of Islamic law, the practice of cheap redemption of products at Indomaret Cipicung District, Kuningan Regency has fulfilled the pillars and legal requirements of buying and selling. In addition, the practice of cheap redemption of these products also has no element of coercion.
Putusan Hakim dalam Penetapan Perkara Dispensasi Nikah yang tidak Diterima Perspektif Maqashid Syariah (Studi Kasus Nomor 186/Pdt.P/2023/PA.Kng) Hidayat, Yayat; Madinah, Dina; Islamiati, Annisa
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 02 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i02.265

Abstract

The number of marriage dispensation cases at the Kuningan Religious Court is very high. Of the 2,579 marriage dispensation cases per year from 2020 to 2024, there were 1,282 cases accepted by the Kuningan Religious Court and 1,297 cases were not accepted by the Kuningan Religious Court. The high number of marriage dispensation cases at the Kuningan Religious Court makes this research important to conduct. This study aims to determine the judge's decision on case Number 186/Pdt.P/2023/PA.Kng regarding the application for marriage dispensation, and to analyze the maqashid sharia review of the judge's decision on case Number 186/Pdt.P/2023/PA.Kng regarding the application for marriage dispensation. The research method used in this study is a qualitative research method with a combined research type, namely field research and library research. In addition, the data collection techniques used in this study were structured interviews and documentation. The results of this study found that the decision of the Kuningan Religious Court judge in determining the marriage dispensation case in case study Number 186/Pdt.P/2023/PA.Kng was not accepted because the prospective husband's biological father was not present at the trial. The judge's decision regarding the application for marriage dispensation that was not accepted in case Number 186/Pdt.P/2023/PA.Kng is not in accordance with the concept of maqashid sharia. The positive legal basis used by the judge in considering the decision does have benefits. However, many things are then neglected according to sharia or maqashid so that the harm caused is greater than the benefits.
Tinjauan Sharia Compliance terhadap Praktik Transaksi dalam Pembelian Hewan Kurban dengan Akad Murabahah di Aplikasi Instagram: (Studi Kasus di 7gembalafarm) Saleh, Mulyana; Agustine, Hendra Karunia; Fakhlevi Suwondo, Izzy Dwiki
AL-MASHALIH (Journal of Islamic Law) Vol. 5 No. 02 (2024): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v5i02.266

Abstract

Buying and selling is the most extensive gateway or door to transactions. The phenomenon of buying and selling in Islam has certainly experienced many changes and advances. Buying and selling transactions no longer rely on face-to-face buying and selling. One of those who take advantage of this progress in buying and selling is 7gembalafarm, where 7gembalafarm provides various types of sacrificial animals and sells them online through the marketplace, one of which is Instagram. The problem that arises is whether the application of the murabahah contract in the sale and purchase of sacrificial animals at 7gembalafarm is in accordance with sharia compliance so that people feel calm when buying sacrificial animals at 7gembalafarm and whether the application of transactions with the murabahah contract in the sale and purchase of sacrificial animals on the Instagram application is in accordance with sharia compliance or not, and can it cause potential usury elements or not, because these things are still uncertain. This study aims to determine how the transaction practices in purchasing sacrificial animals with the murabahah contract at 7gembalafarm and how the sharia compliance review of transaction practices in purchasing sacrificial animals with the murabahah contract at 7gembalafarm. This study uses a qualitative method with a field research type. The data collection techniques used are interviews and documentation. The results of this study are: First, the transactions carried out by 7gembalafarm have been carried out transparently in explaining the types of transactions so that no one is harmed and there is a third party paylater in the transaction. Second, based on a review of sharia compliance with the purchase of sacrificial animals with a murabahah contract, when viewed from sharia compliance, it is not in accordance with the principles in sharia compliance because one of the principles of sharia compliance must be free from usury. Thus, the transactions at 7gembalafarm are not 100% in accordance with Sharia compliance because 7gembalafarm uses a third party paylater in its transactions.
Masa Depan Budaya Hukum Keluarga di Indonesia Suminah, Vivi; Sukti, Surya
AL-MASHALIH (Journal of Islamic Law) Vol. 6 No. 01 (2025): Vol. 6 No. 1 (2025): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v6i01.283

Abstract

Indonesia is a country with the largest Muslim population in the world, but on the other hand, Indonesia is also a country with a diverse indigenous community. So the existence of these two aspects creates a diversity of laws that apply to society. In Indonesia itself, family law has a very important role, it is an integral part of regulating the family life of Indonesian society with diverse cultures, religions, and traditions. Family law in Indonesia faces major challenges to remain relevant and fair. The writing method used by the author in making this paper is library research through several literatures such as books, articles, journals, library searches, and internet site searches. The results of this discussion include. The development of Islamic family law culture in Indonesia is a debate between conservatives who maintain the old legal discourse and modernists who offer laws that are in accordance with the demands of the times. In the Enforcement of Family Law in Indonesia, there are also challenges. One of them is the rampant practice of underage marriage which is widely practiced in Indonesian society, this is due to the very large influence of customs and religious factors that exist in the requirements. In realizing the values ​​of justice, society plays a role in instilling its values ​​through legal awareness in the family, as well as encouragement that is carried out such as caring about gender equality and justice in the household. The role of the government is also very large in ensuring that the policies that are made can be appropriate and effective.
Penyelesaian Perkara Isbat Nikah di Pengadilan Agama Kabupaten Kuningan Kelas 1A: (Studi Putusan Pengadilan Agama Kuningan No. 477/Pdt.P/2020/PA.Kng) Madinah, Dina; Asari, Agus
AL-MASHALIH (Journal of Islamic Law) Vol. 6 No. 01 (2025): Vol. 6 No. 1 (2025): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v6i01.292

Abstract

Marriage is proven by a marriage certificate, and each husband and wife has a copy. However, in practice, it is undeniable that until now there are still many illegal marriages which are often also called siri marriages (underhand marriages) because they are not officially recorded by the marriage registrar. This causes the marriage to not be registered at the Office of Religious Affairs (KUA) so this has an impact on the recording of the child's birth certificate. Based on this background, a problem is formulated, namely, how to settle the Marriage Isbat Case in the Islamic Religious Court of Kuningan District Class 1A and how the Legal Basis and Judges Consideration in the Settlement of Marriage Isbat Cases at the Kuningan Islamic Religious Court. The purpose of this study is to find out the factors that become the reasons for the Application for Marriage Isbat at the Kuningan Islamic Religious Court and to find out the Judges' Considerations in the Settlement of Marriage Isbat Cases at the Kuningan Islamic Religious Court. According to the Compilation of Islamic Law, marriage problems that are not registered at the KUA can be resolved through the Marriage Isbat submitted to the Religious Courts in accordance with the domicile. The method used in this study is a qualitative research method. The data collection techniques include observation, interview, and documentation techniques. The results showed that based on the decision of the Kuningan Religious Court No. 477/Pdt.P/2020/PA.Kng, it was known that Petitioner I and Petitioner II had married with the fulfillment of the conditions and pillars of marriage so that the marriage was legal according to Islamic law. However, because the marriage was not registered by the local KUA, the marriage was not registered. The consideration of the Panel of Judges in determining Marriage Isbat Number 477/Pdt.P/2020/PA.Kng is based on Article 2 of Law Number 1 of 1974, Article 6 of Law Number 1 of 1974 and Article 14 of the Compilation of Islamic Law concerning the terms and pillars wedding. The second consideration is that Petitioner I and Petitioner II have no obstacles to marriage as regulated in Article 8 of Law Number 1 of 1974 and Article 39 of the Compilation of Islamic Law. Based on the consideration of the evidence and the two witnesses presented, the panel of judges decided to grant the marriage Isbat proposed by the applicant.
Tinjauan Hukum Islam terhadap Poin yang Diberikan kepada Mitra Payment Point Online Banking (PPOB) dalam Platform Bukakios Agustine, Hendra Karunia; Mahardika, Muhamad Azaria
AL-MASHALIH (Journal of Islamic Law) Vol. 6 No. 01 (2025): Vol. 6 No. 1 (2025): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v6i01.295

Abstract

Bukakios is a digital transaction service application or it is commonly recognized as PPOB (Payment Point Online Banking). In this application, the partners are able to earn points after initiating a transaction. With respect to its mechanism, the points earned by a Bukakios partner are still considered uncertain because it is still unclear regarding the status of the points. In other words, it is also probable that the aforementioned points contain elements of gharar or usury. The present study aims to investigate the mechanism for earning points in the Bukakios application. In addition, this study also aims to scrutinize the points earned by Bukakios partners from their transactions and how Islamic law perspective scrutinizes the points awarded to online banking payment point partners on this application. This study employs qualitative research by using field research design. The data were obtained through observation, interview, and documentation. According to the analysis of the sale and purchase agreement as well as wakalah bil ujrah (regarding the pillars and conditions), the findings indicate that the points awarded to PPOB partners on Bukakios application is considered as a mere sale and purchase agreement. It is because it already fulfills the pillars and conditions of selling and buying, hence, it is permissible in Islamic law point of view. These points, however, are categorized as an ujrah given by this application to its partners because they have sold Bukakios application products to consumers and they are legally acceptable in Islam since they have fulfilled the pillars and requirements of wakalah bil ujrah.

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