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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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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 : Universitas 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 : Universitas 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 : Universitas 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 : Universitas 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 : Universitas 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 : Universitas 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.
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 : Universitas 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 : Universitas 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 : Universitas 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 : Universitas 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.

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