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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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Analisis Usia Perkawinan Pasca Lahirnya Undang-Undang Nomor 16 Tahun 2019 dan Penanganan Perkara Dispensasi Kawin di Pengadilan Agama Menurut Perma Nomor 5 Tahun 2019 Uzlah Wahidah; Janeko Janeko
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.v1i2.159

Abstract

The emergence of differences of opinion in determining the age of marriage is due to the absence of definite provisions in its determination. This has an impact on differences of opinion that arise in the view of fiqh experts and also has an impact on existing legislation. In addition, regarding the handling of marital dispensation cases, at first there was no detailed regulation that had an impact on the number of decisions that gave permission to every case of marriage dispensation. Currently the author discusses determining the age of marriage after the birth of Law Number 19 of 2019 and the provisions of the Supreme Court Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. This research uses qualitative research with descriptive analysis method with normative juridical approach. as for the result as follows : The stipulation of the Religious Courts in determining the age of marriage was previously enshrined in the provisions of Article 7 Paragraph (1) of Law Number 1 of 1974 where the provisions for the marriage age of 19 years for men and 16 years for women were further amended by Law Number 16 of 2019 concerning Marriage with The age requirement for both male and female is 19 years. In the event that the application for a marriage dispensation case is specifically regulated in Perma Number 5 of 2019 concerning Guidelines for Adjudicating Applications for a Marriage Dispensation, the Religious Courts in handling the case must be based on the Perma, then must consider the benefits and harms in determining the application for a marriage dispensation.
Pelaksanaan Program Pusaka Sakinah dalam Pandangan Hukum Islam (Studi Kasus di KUA Kecamatan Palang Kabupaten Tuban) Karmuji Karmuji; Muhyidin Muhyidin
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.v1i2.160

Abstract

Implementation of the Sakinah Heritage Program in the View of Islamic Law (Case Study at KUA Palang District, Tuban Regency)” This is the result of field research that aims to answer questions about how to implement the Sakinah heritage program in KUA Palang District and how to analyze Islamic law on the implementation the sakinah heritage program at the KUA in Palang District.This research is a qualitative field research. The data in this study were obtained through observation, interviews, and documentation, and then processed and analyzed using descriptive analysis techniques and deductive thinking patterns.From the results of the study it can be concluded that the guidance of Pusaka Sakinah at the Office of Religious Affairs (KUA) of Palang District is carried out after the marriage, which is carried out for two days using the "Blessings (Learning Secrets of Marriage) module to Build Harmonious Relationships" which consists of Marriage Guidance, Relationships Healthy, and Family Economy. The Sakinah Heritage Program is in accordance with Islamic law, namely in terms of building a sakinah family which is the goal of marriage to have a peaceful and peaceful family. It is hoped that the Ministry of Religion will work even harder in implementing the Sakinah Heritage guidance program which has just been launched, hopefully in the future this program can be implemented effectively in Religious Affairs Offices (KUA) throughout Indonesia in facilitating and providing guidance and consultation on family problems so that later it will be realized in accordance with the purpose of the Sakinah Heritage program. For guidance participants, they should follow the guidance process properly so that they really get maximum results/knowledge. So that the results of the guidance can be used as a reference and guide during domestic life.
Tinjauan Hukum Pidana terhadap Kekerasan dalam Rumah Tangga R. Zainul Mushthofa; Siti Aminah
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.v1i2.162

Abstract

The family is a social unit in society that has a very large role and influence in the family in social and personality development of each family member requires its own organization and needs the head of the household as an important figure who leads the family in addition to several other family members. A family is called harmonious if all members feel happy which is marked by the absence of conflict, tension, disappointment and satisfaction with the situation (physical, mental, emotional, and social). social) all family members. This legal research is a descriptive research and is included in the type of normative or doctrinal legal research. Location of research in the library and types of secondary data sources. Data collection techniques used are document studies, in the form of laws and regulations, books, journals, papers, articles and others. Analysis of the data used is content analysis (Content of analysis). Based on this research, it was found that domestic violence is a crime category (crime) in general. There are two formulations of problems that must be studied, namely: forms of domestic violence and legal protection for victims of violence. The form of domestic violence is any act against a person, especially a woman, which results in physical, psychological, and neglect of the household, including threats to commit acts, coercion or deprivation of liberty against the law and within the household.
Pengaruh Sistem Distribusi Bantuan Pangan Non Tunai dalam Mensejahterakan Masyarakat Tahun 2021 (Studi Kasus di Kecamatan Sukodadi Kabupaten Lamongan Jawa Timur) Moh. Sadiyin; Ahmad Burhan Hakim
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.v1i2.163

Abstract

Assistance is one of the ways used by the government to slightly ease the economic burden of the community, especially the poor. The government as the executor of state duties does have a goal to carry out and improve the welfare of the community so that the government's functions and roles are clearly visible. In an effort to ease the economic burden on the community, the Indonesian government launched a non-cash food assistance program or abbreviated as BPNT. The aid was intended to ease the economic burden on the community, but in the field, conditions were different. The process of distributing the aid was hampered by an inaccurate data collection process by the aid distributor or the program. So that people who should be asking for help do not receive assistance, and vice versa. From these shortcomings, the final distributor, namely the village government, then makes improvements or updates the data according to the specified criteria. The research method in this paper uses a qualitative method with a case study approach in the Sukodadi District, Lamongan Regency, East Java. Furthermore, from the results of the study, it was concluded that the beneficiaries or referred to as beneficiary families (KPM) were greatly helped by the assistance program. It is the hope of the recipient community that the program can be continued so as to ease their economic burden.
Pernikahan Beda Agama Perspektif Hukum Islam dan Undang-undang Nomor 39 Tahun 1999 (Studi di Kecamatan Sukawati Kabupaten Gianyar Provinsi Bali) Sholihuddin Sholihuddin; Ahmad Afan Zaini
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.v1i2.165

Abstract

Bali is one of the provinces in Indonesia with a fairly dense population. Bali is also known for being one of the leading natural tourism centers in Indonesia. Apart from tourism issues, Bali Province has one interesting issue to discuss. Bali is also an example of a place where inter-religious harmony has a fairly high portion. So there is rarely friction between religious communities in Bali. On the other hand, Bali, with its strong tourist charm, turns out to have several interesting problems. One example is the issue of interfaith marriages that are rife in Bali. Interfaith marriages are certainly not compatible with Islamic law or sharia, as well as conventional legal approaches or state law. It is interesting to discuss that many conversions of religious beliefs in Bali were carried out because to fulfill the requirements of the pillars of shah in Islam. Some from Hindus converted to Islam, some from Christians converted to Islam. This is another phenomenon that occurs in Bali besides a strong tourist attraction when discussing the island of the gods. Under these conditions, the authors conducted research on interfaith marriages in Bali, namely in Sukawati District, Gianyar Regency, Bali Province. Many religious marriage practices take place in that place. Some are local, some are doing interfaith marriages with foreign tourists visiting Bali.
Larangan Menikah di Bulan Suro Perspektif Hukum Adat Jawa dan Hukum Islam (Studi Kasus di Desa Ngampelrejo Kecamatan Bancar Kabupaten Tuban) Muhammad Hadi Prayitno; Zamroni Ishaq
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.v1i2.166

Abstract

The month of Suro is so important for the Javanese, as well as for the residents of Ngampelrejo village, Bancar Tuban, that they do not dare to have a wedding celebration in that month. There is an assumption that whoever gets married in the month of Suro, his marriage will not last. From this background, the researcher was intrigued. What are the factors that encourage the people of Ngampelrejo village, Bancar sub-district not to marry in the month of Muharram?, (2) What are the views of Islamic law and customary law regarding the prohibition of marriage in the month of Muharram?. To obtain the required data, researchers used several instruments including: interviews, observation, documentation. Interviews were conducted, among others, to those who have carried out this tradition, to religious leaders, community leaders, and members of the Ngampelrejo 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 get married in the month of Suro. Second, in the view of Islamic law, marriages carried out in the month of Suro are considered valid. As for the Javanese tradition in general and in particular the Ngampelrejo community, getting married in the month of Suro is a taboo and as much as possible is not done.
Upaya Polres Bojonegoro dalam Meminimalisir Konflik antar Perguruan Pencak Silat Menurut Undang-Undang Nomor 2 Tahun 2002 ( Studi Kasus Di Wilayah Hukum Polres Bojonegoro) Gangga Listiawan; Abd. Hadi
JOSH: Journal of Sharia Vol. 2 No. 01 (2023): 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.v2i1.171

Abstract

Efforts, Bojonegoro Police, Minimizing, Conflict, Pencak Silat College, Law No. 2 of 2002 Society is a group of people who live together and work together to achieve certain goals. The aim of establishing the Bojonegoro village of martial arts is to collaborate with all the pencak silat school groups in Bojonegoro, and become community security partners to be able to assist the National Police in maintaining a stable security situation and condition so that people feel safe. Based on the above, it creates problems, what are the duties and powers of the police according to law number 2 of 2002, and how are the efforts of the Bojonegoro Police in minimizing conflicts between pencak silat colleges in Bojonegoro in accordance with article 5 paragraph 1 of law number 2 of 2002. The type of research that researchers use is empirical normative qualitative research. The data sources used are primary data, secondary data. The research instruments used were observation, interviews, documentation. while the data analysis technique used is data reduction, data presentation, to draw conclusions and verification. The results of this study are that the Police are responsible for creating an atmosphere of order and security in society, and for implementation in an effort to create security and order it is fully handed over to the Police and the police have the right to use preventive methods as a form of prevention or in a repressive way. Second, in an effort to minimize this conflict, the police formed the Bojonegoro Kampung Pesilat (BKP) and often visited university heads to provide ideas for the importance of creating peace and order in society.
Analisis Pelaksanaan Bantuan Hukum kepada Masyarakat Miskin oleh Lembaga Bantuan Hukum PEKA Tuban (Studi Penelitian di Kecamatan Palang Kabupaten Tuban Jawa Timur) Muhammad Ali Rofin; Ahmad Burhan Hakim; Ahmad Afan Zaini
JOSH: Journal of Sharia Vol. 2 No. 01 (2023): 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.v2i1.172

Abstract

Legal Aid Institutions have an important role in providing free legal aid, especially for the poor in undergoing the process in court, because the cost is not cheap when litigation. Therefore, it is necessary to know about the role of Legal Aid Institutions in providing legal aid for the poor, namely to provide justice rights for all communities, including the poor, because in the eyes of the law all are equal, how the poor always get the injustice they deserve. This thesis research on the Implementation of Legal Aid to the Poor by the Pejuang keadilan Legal Aid Institute Tuban uses a qualitative approach and an empirical normative legal approach, namely research that combines normative research and is supported by data or elements of empirical research, methods for data collection through observation,interviews and documentation. The research results obtained are as follows: all people can get free legal aid, there are no special requirements, only an identity card and a certificate of poverty, if any, This aid agency not only provides legitimacy but also non-legitimacy assistance. The obstacles faced in implementing legal aid are as follows: lack of public knowledge about legal aid, limited funds so that alternative routes use personal money, lack of support from the government for legal aid institutions that have not been accredited.
Fenomena Tradisi Larangan Perkawinan Adat Mangku Dalan dan Temu Pojok Pada Masyarakat Desa Tenggulun Kecamatan Solokuro Kabupaten Lamongan Uzlah Wahidah; Janeko
JOSH: Journal of Sharia Vol. 2 No. 01 (2023): 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.v2i1.174

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.
Studi Islam dalam Pendekatan Sosiologi Nashihin Nashihin; Muhyidin Muhyidin
JOSH: Journal of Sharia Vol. 2 No. 01 (2023): 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.v2i1.175

Abstract

Religious truth is a transcendental truth, absolute truth. The presence of religion is required to be actively involved in regulating the course of life and to be able to solve various problems in society. If so then religion must be able to answer all the problems that arise. The problem is whether religious teachings will solve various problems if only studied with a normative theological approach? According to the writer's opinion, to understand religion, various other alternative approaches are needed, which operationally can provide answers to various problems that arise. The alternative approach includes a sociological approach. The importance of this sociological approach is given the many religious teachings related to social problems. In several verses of the Qur'an it is written an order to believe and then accompanied by an order to act righteously, as in Surah an-Nisa [4] verse 36 there is an order to worship Allah and a prohibition against associating partners with Him followed by an order to do good to both parents, close relatives, orphans, the poor, close neighbors and distant neighbors, colleagues and so on. The sociological approach has a very important role in trying to understand the meanings, symbols that can be found in religion. With this sociological approach, religion will be easy to understand and can be carried out easily too.

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