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Ahmad Burhan Hakim
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Journal of Sharia (JOSH)
Published by Institut Pesantren Sunan Drajat Lamongan
ISSN : 28281497     EISSN : 28281012     DOI : https://doi.org/10.55352/josh.v1i2
Core Subject : Social,
Social Sciences
JOSH: Journal of Sharia dikelola oleh Fakultas Syariah Institut Pesantren Sunan Drajat Lamongan dan diterbitkan oleh Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan. Jurnal ini berisikan artikel ilmiah baik penelitian kualitatif maupun kuantitatif, dengan fokus kajian kajian berbasis syariah, hukum, sosial politik, dan ketatanegaraan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 138 Documents
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Fenomena Tradisi Larangan Perkawinan Adat Mangku Dalan dan Temu Pojok Pada Masyarakat Desa Tenggulun Kecamatan Solokuro Kabupaten Lamongan Uzlah Wahidah; Janeko Janeko
JOSH: Journal of Sharia Vol 2 No 01 (2023): JOSH: Journal of Sharia
Publisher : Dikelola dan diterbitkan oleh Fakultas Syariah bekerja sama dengan Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i01.687

Abstract

In reality, the customary rules of marriage between one indigenous people are different from other indigenous peoples, between one tribe is different from another, between those who are Muslim are different from those of other religions, as well as there are differences in marriage customs between urban and rural communities. other. Customs that have become a customary law will be more difficult and stronger because violations of them will meet with a sanction in accordance with the regulations that apply and are obeyed in that society. Including the custom followed by the people of Tenggulun Village, Solokuro District, Lamongan Regency where there is a prohibition on marriage caused by mangku dalan and temu corner when it is not complied with, then in the future the family will experience bad luck in the household. The results of the study found that customs in marriage in the form of prohibitions on mangku dalan customary marriages and corner gatherings carried out by the people of Tenggulun Village, Solokuro District, Lamongan Regency according to 'urf are included in 'urf shahih because they are considered not to conflict with syara law'. Meanwhile, according to Islamic law and Law No. 1 of 1974 there are no prohibitions like the above, and the public's reason for these prohibitions is only to get safety, good luck, and blessings from Allah SWT.
Analisis Peraturan Bupati No 27 Tahun 2021 tentang Pedoman Pencalonan, Pemilihan, Pengangkatan, Pelantikan, dan Pemberhentian Kepala Desa di Kabupaten Sampang (Studi Kasus Penundaan Pemilihan Kepala Desa di Kabupaten Sampang) R. Zainul Mushthofa; Siti Aminah; Siropi Siropi
JOSH: Journal of Sharia Vol 2 No 01 (2023): JOSH: Journal of Sharia
Publisher : Dikelola dan diterbitkan oleh Fakultas Syariah bekerja sama dengan Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i01.688

Abstract

The election of the village head is one of the most popular forms of a democratic party. This village-level election is an arena for political competition that is very effective if it can be used for political learning for the community. At this moment, the community will determine who the village leader will be for the next 5 years. Many forms of democratic parties have been held in our current political life. The presidential election (Pilpres), the regional head election (Pilkada) for the Governor, the Regent election (Pilbup) and the Legislative Election (Pileg). Not to forget is the Village Head Election (Pilkades). It is so interesting for me to examine more deeply about the culture of this village head election. However, the party was only a name that rang in the ears of the people of Sampang. Initially this party which was scheduled to be held at the end of 2021, but it was all just a discourse that the community was waiting for, now there is only hope, because with the Sampang Regent Regulation No. 27 of 2021, the fate of the 111 villages affected by this postponement will depend on the Acting Positions appointed by the Sampang Regent. Therefore, many people think that the handling of the village government will not be as conducive as the village head, which the community chooses directly democratically because the election of the village head is elected directly because those who are directly elected have a different sense of responsibility from the Acting (Stakeholders) who Every six months an evaluation must be carried out. The research method used in this study is a qualitative research method with a descriptive approach where the researcher goes directly to the field where the object of research and research instruments are used to collect data is by conducting an observation, interview and documentation. The results of this study are that with the regent's regulation No. 27 of 2021, the simultaneous election of 111 Village Heads will be carried out in 2025, so that Villages that are forced to postpone the Village Head elections will be replaced with Acting Positions. appointed directly by the Regent who was taken from the ASN (State Civil Apparatus) from the Sampang Regency itself. Keywords: Delayed Election of Village Heads in Sampang Regency.
Hukum Hibah Tanah untuk Gereja Persepektif Empat Mazhab Miqdarul Khoir Syarofit; Anisatun Nur Laili
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.148

Abstract

Social media in the current era is the fastest link between humans, various events in the fields of economy, education, and law continue to experience new things that have not even been encountered in the past. Not long ago, there was news that went viral among netizens regarding the giving of land by a Muslim in the Kalimantan area, to the church for restoration purposes. Islam as a religion of rahmatan lil 'alamin, of course, must be swift in giving laws related to new problems that are developing in society. This study uses the library research method, where the researcher focuses on studying the classic books and the sources needed to solve the law on the case. A formulation is obtained that the grant is basically a sunnah, if it has fulfilled the pillars and conditions determined by the Shari'a. One of the requirements for the gift is that the benefit of the object given does not violate religion. In the case of giving land from a Muslim for the construction of a church, according to the majority of scholars, it leads to haram law, because it is included in the category of synergy in disobedience, even disbelief. However, there is an opinion from Imam Abi Hanifah which states that this action is allowed if the location of the land given is in a village inhabited by non-Muslims. injured, the new disobedience occurred after the land given earlier functioned for the construction or restoration of the church
Demokrasi dan Politik Biaya Tinggi (High Cost Politics) Ahmad Burhan Hakim; Muhyidin Muhyidin
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.149

Abstract

Democracy is a concept of state and politics which is considered the most ideal today. Democracy also has an important role in arranging the rules of the political and state game in Indonesia. So that after the 1998 reformation democracy became one of the important ideologies in Indonesian politics. The concepts of justice, openness, representation, transparency and accountability are a series of epic concepts in democracy. The basic concept is actually very noble. However, in practice, democracy is not just a raw concept. Electoral political events have resulted in a logical consequence, namely high-cost politics that cannot be separated from every moment of democracy. So do not be surprised if in political moments such as the Presidential Election, Legislative Member Election, Regional Head Election from Province to Regency and City and even Village Head Election requires large funds. Both in terms of implementation to the succession of candidates. The result is a widespread culture of corruption that occurs in our country. So this will certainly affect state politics in Indonesia. Democracy does have an extraordinary ideal concept, but the implementation of democracy requires a lot of funds.
Urgensi Swab Antigen Sebagai Syarat Perkawinan Persepektif Maqashid Al Syari'ah Janeko Janeko; Sholihuddin Sholihuddin
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.150

Abstract

In 2019, the world was stirred by the outbreak of the COVID-19 virus, including in Indonesia, it had an impact on changes in the existing order, including marriage. Through Circular Number: P-001/DJ.III/HK.007/07/2021 Regarding Technical Instructions for Marriage Services at the Office of Religious Affairs During the Enforcement of Restrictions on Community Activities, with regard to the implementation of marriages, it is regulated in a different way than before the outbreak Corona virus, including the obligation of an antigen swab for the penghulu, prospective brides and witnesses 1x24 hours at the implementation of the marriage contract. This obligation is certainly a new and very interesting thing to do an in-depth study. This research includes normative legal research using qualitative methods, while the type of research includes literature research and is qualitative using descriptive analysis, the legal sources used include primary and secondary legal sources. The results of his research are the urgency of the antigen swab as a marriage requirement as a preventive measure. The antigen swab test is in accordance with the five main objectives of Islamic law, especially to protect the soul, so the antigen swab test is a process that must be carried out by the head of the bride and groom and witnesses in an effort to find out what is affected by the corona virus. In the category of protecting the soul, the pre-marital swab test process is included in the maqashid dharuriyyat category which is a primary need for humans because it will threaten the safety of life.
Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Tuban M. Prima Handa Kusuma; Karmuji Karmuji
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.152

Abstract

Mediation as an Alternative Dispute Resolution (ADR) is seen as a humanist and fair dispute resolution method. Humanist because the decision-making mechanism (peace agreement) becomes the authority of the disputing parties and maintains good relations. It is fair because each party negotiates a solution to the problem and the output is a win-win solution. Therefore, litigation dispute resolution began to be abandoned and people turned to mediation. Through Supreme Court Regulation (PerMA) No. 1 of 2008, mediation has been integrated into the court system. Every civil case must be resolved first through mediation. Every judge's decision that does not go through mediation first, then the decision is considered null and void. This paper discusses the effectiveness of mediation in the settlement of divorce cases at the Tuban Regency Religious Court, because divorce cases are cases that occupy the highest ranking in the Religious Courts. The focus of the study is the implementation of mediation in divorce cases, the effectiveness of Tuban mediation, what are the obstacles in the implementation of mediation in divorce cases at the Tuban Religious Court.
Praktik Pembagian Waris Anak Angkat Perspektif Hukum Islam, Kompilasi Hukum Islam, Hukum Perdata dan Hukum Adat di Desa Surabayan Kabupaten Lamongan R. Zainul Mushthofa; Siti Aminah; Dendik Irawan
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.153

Abstract

The presence of a child in the household is highly anticipated and expected for all families, but not all families can experience having children so that families must adopt children. In Javanese custom, the adoption of a child is carried out with the aim of being an inducement for families who have not yet been blessed with children, because the Javanese indigenous people believe that by adopting a child as an inducement, the family will later be blessed with their own child. But from the adoption of the child resulted in blood relations and inheritance, whereas in Islamic law this is not the case. The problems in this thesis are, How is the practice of adopting children in Surabayan Village, Sukodadi District, Lamongan Regency, How to determine the number of inheritance rights for adopted children in Surabayan Village, Sukodadi District, Lamongan Regency and what are the views of Islamic Law, Civil Law, and Customary Law regarding inheritance rights of adopted children in Surabayan Village, Sukodadi District, Lamongan Regency. This research is a field research (Field Research), the data sources used are primary data sources collected through interviews, documentation and observation. Primary data is obtained directly from respondents regarding inheritance for adopted children in Islamic law and Javanese customary law, while secondary data is in the form of theories and legal norms as well as other supporting data obtained from literature, documentation and village biographies. All of these data are used to describe a review of Islamic law regarding inheritance for adopted children in the perspective of Javanese customary law.
Uji Akurasi Arah Kiblat Masjid Pondok Pesantren Sunan Drajat Kecamatan Paciran Kabupaten Lamongan Dengan Metode Mizwala Qibla Finder Yasirul Amin; Sutopo Sutopo
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.154

Abstract

The mosque is one of the most important places for Muslims, one of which is the mosque at the Sunan Drajat Islamic Boarding School. The mosque is a place of worship for all Muslims, where one of the conditions and pillars that must be met is facing the Qibla, therefore further research is needed to determine the Qibla direction of the Sunan Drajat Islamic Boarding School Mosque. One of the measurement methods that can be applied is the Mizwala Qibla Finder Method. This study uses a field research method and the data collected includes general information about the Sunan Drajat Islamic Boarding School Mosque and the method of determining the Qibla direction of the mosque. Data collection techniques by observation, interviews, and study of documents sourced from the takmir of the mosque and mosque documents. Mizwala Qibla Finder is a modified instrument from sundial to istiwak stick which is used specifically to determine Qibla direction. Mizwala Qibla Finder uses the Theodolite concept, in other words, this tool is a miniature or transformation of the Theodolite as a tool to determine the Qibla direction with high accuracy. Based on the measurement results obtained, it can be concluded that the Qibla direction of the Sunan Drajat Islamic Boarding School Mosque is 294º1'. Meanwhile, when measurements were made using the Mizwala Qibla Finder method, there was an error in the direction of the Qibla by 2º-3º from the actual direction. This is because the initial method of measuring the Qibla direction was carried out using a very classical method, so that when the Qibla direction of the Mosque was tested using the Mizwala Qibla Finder, deviations were found, but still tolerable.
Nilai dan Hukum Islam Pemberian Sesajen Sebelum Akad Nikah (Kajian Atas adat Masyarakat Desa Sukoharjo Kecamatan Bancar Kabupaten Tuban) Anik Pujayanti; Zamroni Ishaq
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.155

Abstract

The Javanese people pay so much attention to marriage, that for matters of wedding day and reception or moving house, they also have to do the weton count and also provide offerings before the marriage contract is carried out, as the people of Sukoharjo do. Therefore, researchers are intrigued to find out what causes them to do this habit, the form of offerings, values, and Islamic law?. To obtain the required data, the researcher used several instruments including: interviews, observation, documentation. Interviews were conducted, among others, to those who have carried out the tradition, to religious leaders, community leaders, and members of the Sukoharjo village community. The conclusions resulting from this study include; First, the habits carried out by their ancestors before and the feeling of being haunted by a sense of worry about something bad that will happen to them if they don't do this habit. Second, there are two forms of offerings made by the community in Sukoharjo Village, Bancar District, Tuban Regency related to the wedding ceremony; 1) Sadaqah offerings that are not unlawful. 2) Deasel and Pawon offerings which are haraam.
Pandangan Hukum Islam terhadap Upaya Membentuk Keluarga Sakinah bagi Wanita Karir Siti Afiyah; Abd. Hadi
JOSH: Journal of Sharia Vol. 1 No. 02 (2022): Juni : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i2.158

Abstract

The sakinah family is a family that has received the grace and blessing of Allah SWT, has been a dream and a dream since planning a wedding and has become the goal of religion and marriage itself. The purpose of this study was to determine the Islamic view of women who have a career, in the concept of forming a sakinah family. So that the family that is built can become a sakinah family, each member must understand and carry out their rights and obligations, as well as a woman who has a dual role in the family where a woman must be a wife and also a mother. The problem here is that a woman with her roles and obligations is required to be able to fulfill the rights of every family member to her. Because Islam itself allows women to work outside the home. The method used in this research is descriptive method. A method to help the researcher know what is happening in the environment under the observer, balanced by analysis and interpretation and in narrative form to complete the picture and obtain significant results. The results of this research and the conclusion is that a woman is allowed to work outside the home, but there are certain limitations that must be obeyed and must be based on permission from her husband. The husband may only forbid his wife to work (by not giving permission) if the work to be carried out by the wife can bring harm to himself and his family. In this condition the husband is obliged to remind him. However, if the work of the wife is to fulfill the necessities of life for herself and her family due to her husband being unable to work to earn a living, either because of illness, poverty or other reasons, then the husband has no right to forbid it.

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