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Muhammad Ilham
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Journal Smart Law
Published by Peduli Riset dan Pengabdian Masyarakat
ISSN : -     EISSN : 29630991     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Smart Law Journal (JSL) Is a journal for types of scientific publications in the field of sharia science and Islamic law. The field of sharia in question is more about the development of sharia muamalah between Muslims which is related to the development of the use of sharia law and etiquette in Indonesia. The submitted manuscript is the result of original research, literature study, and related legal issues being studied/experienced. This journal is published twice a year (March and September).
Arjuna Subject : Umum - Umum
Articles 51 Documents
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Penyelesaian Sengketa Perceraian Melalui Mediasi dan Hubungannya Dengan Hadhanah (Hak Asuh Anak) di Pengadilan Agama Stabat (Studi Perkara No : 980/Pdt.G/2021/PA.stb) Nabilla Karima
Journal Smart Law Vol. 1 No. 1 (2022): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Efforts to settle cases by taking proceedings in the Religious Courts must of course meet the feasibility of the case being brought to trial with various aspects that must be met. Likewise, household problems faced by Muslims can be submitted to the realm of law through the Religious Courts so that the parties get permanent legal certainty. In general, the problems that are often raised in religious courts are problems regarding divorce, namely the imposition of talak by the husband and the divorce lawsuit filed by the wife. The results of this study are that in the application of Hadhanah's decision, the judge is based on the best interests of the child as stated in the child protection law number 23 of 2002 and also the human rights law no. 39 of 1999. The judge also did not impose his will on the rule of article 105 letter a in the KHI which explains that the custody of children under the age of 12 is only with the mother, but can also be given to the father if a mother does not meet the eligibility requirements for child care.  
Analisis Hukum Pelaksanaan Ta'ziyah dan Talqin Mayit dalam Pandangan Mazhab Syafi'iyyah Zulkifli Zulkifli
Journal Smart Law Vol. 1 No. 1 (2022): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

The implementation of ta'ziyah and talqin corpses is carried out when fard kifayah will be held at the funeral home, namely the number of people who come to pay their respects with the intention of paying homage. So that its implementation in the near future is limited to waiting for the completion of the fardhu kifayah implementation, namely bathing, shrouding, praying and burying the dead. The problem found is that the implementation of ta'ziyah is misinterpreted as an activity that is futile and has no benefits and is even considered as an act of heresy. Some people in Langkat Regency accept the implementation of ta'ziyah and talqin corpse because it is considered an act that was sunnahized by the Prophet Muhammad and followed by friends. The formulation of the problem in the research: How is the implementation of ta'ziyah and talqin corpse in the view of the Imam Shafi'i school? How is the legal analysis regarding the implementation of ta'ziyah and talqin dead according to the Imam Syafi'i school of thought? The results of this study are: The implementation of ta'ziyah and talqin mayit in the view of the Imam Syafi'i school that disaster experts and the Muslim community can hold ta'ziyah and provide food if the provision of food does not burden the disaster expert because the aim is to respect the pentakziah. The implementation of talqin corpses is intended for mortuaries and penta'ziyah congregations as reminders and advice. The implementation of ta'ziyah is different if it is categorized as a bid'ah practice and is unfounded. Instead, the decision regarding the implementation of ta'ziyah prioritizes social aspects. Regarding the issue of the permissibility of providing food in the implementation of ta'ziyah, originating from the mayyit expert is not a problem.
Proses Penyelesaian Kasus Nusyuz Suami di Pengadilan Agama Stabat Alfath Syuhada
Journal Smart Law Vol. 1 No. 1 (2022): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Nusyuz is an act of disregarding one's rights and obligations in influencing the household ark This nusyuz can be done by the husband or wife, nusyuz can occur if the husband or wife leaves his obligations in the household as intended in article 1 of Law Number 1 of 1974 in saying that the purpose of marriage is to form a happy and eternal family. This thesis discusses how the process of resolving the husband's nusyuz case in the Stabat Religious Court is actually discussed. In this study, the authors use a qualitative method, namely research that uses words in their research, with the research subject being judges, and also employees of the Stabat Religious Court. From the research conducted, the researcher can conclude that the process of settling the husband's nusyuz case in the Stabat Religious Court generally begins with the wife suing her nusyuz husband, generally this lawsuit is called divorced. As for in the process, the judge will initially make peace efforts because the court adheres to the principle of making it difficult for divorce, if the mediation process is successful, a peace deed will be made. if it fails, the judge will continue the trial process with the agenda of reading the lawsuit, then answering, followed by answering, then proving to the conclusion. Then the judge will decide the matter in three forms, the first lawsuit is granted, the second lawsuit is rejected, or the third lawsuit is not accepted. If the outcome of the trial is a divorce then the court will issue a deed of divorce to both parties as the end of the process of resolving their case.  
Kebudayaan dan Seni Adat Melayu Dialektika Islam Budaya Lokal dalam Perspektif Hukum Islam (Studi Kasus Tradisi Jamu Laut di Wilayah Pesisir Kabupaten Langkat) Farif Habib
Journal Smart Law Vol. 1 No. 1 (2022): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Sea alms ceremony has indications that lead to shirk acts and rituals, namely doubling Allah SWT. The implementation of the sea banquet ceremony or sea alms is misinterpreted by people who lack the basic concept of Islam, namely promoting the values ​​of monotheism and the purity of the Muslim faith. Therefore, it is feared that it will damage the values ​​of monotheism if humans carry out these rituals. The results show that the phenomenon of the sea alms ceremony can be seen from the intentions of those who do it because it deals with issues of belief, aqidah, monotheism, faith, and how often this ceremony (for example once a month) is carried out because it is related to funds in the sense of idh'atul mal or tabdzir action is wasting property that is forbidden in religion. And also the history of this herbal medicine ceremony for Kwala Langkat Village, as a whole only understands the herbal medicine ceremony as a family tradition that must be maintained and carried out in the process. For the previous people, they had carried out according to the traditions left by their ancestors. This herbal medicine ceremony is considered as a cultural tradition that must be maintained and taught to the next generations, so that until whenever this herbal medicine ceremony will continue and become a tradition of the local community.  
Perkawinan di bawah Tangan Menurut Hukum Islam dan Undang-Undang No. 1 Tahun 2019 (Study Kasus Dusun II Desa Sungai Ular) Deni Aprilia
Journal Smart Law Vol. 1 No. 1 (2022): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

This thesis discusses underhand marriage. This aims to analyze the factors that cause someone to carry out an underhand marriage and what impacts are felt by people who do not register marriages. In terms of its arrangement, this research uses qualitative methods, qualitative research is a data analysis in which the author describes the data obtained from the results of the study. The results of this study indicate that there are not many people in Dusun II Sungai Ular Village who carry out underhand marriages who do not register their marriages. However, more people who do not live in Hamlet II of Sungai Ular Village are carrying out underhand marriages. Due to various factors, one of which is the certificate of divorce from a previous marriage that has not been completed. Whereas in Law Number 1 of 1974 concerning marriage as amended by Law Number 16 of 2019 it is stated that: "Every marriage is recorded according to the applicable laws and regulations", and has also been regulated in the Compilation of Islamic Law regarding marriage registration. expresses several legal lines as follows: "In order to ensure orderliness of marriage for the Islamic community, every marriage must be recorded", it is clear that the law requires registration of marriages, but there are still many people who do not register and think that marriage registration is not important, it only takes time and effort. not a small fee.  
Pelaksanaan Khitan Perempuan Perspektif Hukum Islam Di Kecamatan Tanjung Pura Irdhina Arbain Dina; Abdullah Sani
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

ABSTRAK Khitan adalah istilah yang merujuk pada pengertian memotong kulit yang menutupi kepala kelamin bagi laki-laki, dan bagi perempuan memotong atau membuang kulit yang menutupi klitoris perempuan. Khitan perempuan di Indonesia menuai kontroversi, baik dari sisi medis, legalitas, dan agama. Di satu sisi, praktik khitan perempuan masih terus dilakukan, dan di sisi lain banyak yang menyuarakan agar dihentikan. Salah satu wilayah di Indonesia yang ditemukan praktik khitan perempuan yaitu kecamatan Tanjung Pura kabupaten Langkat. Di daerah tersebut, belum terlihat gerakan-gerakan penolakan terhadap praktik khitan perempuan, sehingga masih tetap berlangsung hingga sekarang. Tujuan dilakukannya penelitian ini yaitu untuk mengetahui praktik khitan perempuan di Kecamatan Tanjung Pura, dan untuk mengetahui kesesuaian praktik khitan perempuan di Kecamatan Tanjung Pura dengan ijtihad Majelis Ulama Indonesia dan Darul Ifta Mesir. Jenis penelitian yang digunakan dalam penulisan skripsi ini adalah penelitian lapangan dengan pendekatan kualitatif. Data primer penelitian ini bersumber dari hasil wawancara dengan praktisi khitan perempuan, perempuan-perempuan yang pernah dikhitan, fatwa MUI Tentang Hukum Pelarangan Khitan Perempuan dan fatwa Darul Ifta Al-Mishriyah Tentang Khitan Perempuan. Data sekunder penelitian ini bersumber dari buku dan kitab fikih yang membahas khitan perempuan. Hasil penelitian ini, pertama, praktik khitan perempuan di Kecamatan Tanjung Pura tergolong sering dilakukan, dan yang melakukannya adalah bidan, dukun anak dan tukang kusuk tradisional. Bagian yang dikhitan yaitu sedikit kulit di bagian klitoris. Kedua, praktik khitan perempuan di Tanjung Pura sejalan dengan ketentuan MUI, dan tidak termasuk FGM atau P2GP sebagaimana yang dilarang oleh WHO, dimana hal tersebut juga dilarang dalam syariat. Kata Kunci: Darul Ifta Mesir, Khitan Perempuan, Majelis Ulama Indonesia ABSTRACT Circumcision is a term that refers to cutting the skin covering the pubic head in men and removing the skin covering the clitoris in women. Female circumcision in Indonesia is controversial from a medical, legal, and religious perspective. One side, female circumcision still practiced, and the other side, many are asking for it to stop. One of the areas in Indonesia where women are circumcised is Tanjung Pura District, Langkat Regency. There was no visible movement against female circumcision, and so on. This study's goal was to learn how female circumcision is performed in Tanjung Pura Regency and how it is applied there under the authority of the ijtihad of the Darul Ifta Egypt and Indonesian Ulema Council. To create this work, field research with a qualitative methodology was done. The primary data of this study came from interviews with female circumcision practitioners, circumcised women, the MUI fatwa prohibiting female circumcision, and Darul Ifta Al-Mishriyah's fatwa regarding female circumcision. The secondary data of this research came from books on female circumcision and fiqh books . The results of this study are, first, in the District of Tanjung Pura, female circumcision is very much practiced and performed by midwives, shamans, and massagers. The part that is circumcised is the clitoral skin. Second, female circumcision at Tanjung Pura complies with MUI regulations and excludes female circumcision which is forbidden by WHO and is also forbidden by Shari'a. Keywords: Egypt's Dar al-Ifta, Female Circumcision, Indonesian Ulema Council
Tradisi Nyaran Ojen Di Kecamatan Tanjung Pura Dalam Perspektif MUI Langkat Arina Husna
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

The Javanese people are a group that still carries out the rain handler service tradition in carrying out events and celebrations or what is also called nyaran ojen. People think that holding a wedding or celebration will bring bad luck because of the rain. The people believe that the presence of the rain handler can control the rain. What the villagers did and believed was an act of deviation from the true Islamic faith. Therefore, it is necessary to conduct research related to the nyaran ojen tradition, especially what happened in Pematang Serai Village, Tanjung Pura District. This study aims to find out the tradition of nyaran ojen in marriage in the village, along with the reasons why people still practice this tradition, as well as to find out the opinion of the Langkat MUI regarding this tradition. The type of45research used is field research with a qualitative approach. Data were collected using interview and observation techniques, with primary data sourced from interviews with rain handler service users and the Langkat MUI, supported by secondary data sourced from relevant reading materials. Data analysis is done by organizing data, synthesizing, compiling into patterns, and making conclusions. The results of his research are: first, the handler of the rain is an expert in moving rain by carrying out a special ritual and using certain materials. This rain handler is needed in events or celebrations; secondly, the reason why people use the rain handler is because the rain handler is a ritual request so that there is no rain during the celebration; third, the Langkat MUI is of the opinion that the rain charmer tradition deviates from Islamic aqeedah, because the procedure for its implementation is categorized as an act of shirk, namely asking for help from other than Allah.
Tradisi Larangan Nikah Lusan Besan Perspektif Maqashid Syariah Menurut Pandangan MUI Langkat Eva Nurhamiza
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

One of the traditions of the Javanese tribe is the ban on marrying lusan besan. Lusan besan marriage is a marriage in which the groom has been married twice and his future wife is still the first time. Their belief that bad things will happen if they ignore or forget about it. The prohibition of marriage according to Javanese custom is still widely held by most people where they believe that whoever violates this taboo in marriage then in the future his household will experience many problems and will have a bad impact on his extended family. From these problems, it is necessary to conduct research from the perspective of maqashid sharia by the fatwa authority, in this case, namely the Langkat MUI. This study aims to determine the tradition of the lusan besan marriage in the Javanese, the law in terms of the perspective of maqashid sharia in general and according to the Langkat MUI. The type of research used by the authors is qualitative research with a literature study approach. The data were collected using literature study techniques, interviews, and document research originating from fiqh books, interviews with the Langkat MUI, and other supporting sources. The data is then collected, reduced, presented and concluded. The results of the research are: first, a lusan besan marriage is a marriage where the groom has been married twice and his future wife is still the first time, which is prohibited in Javanese belief because of the assumption that disaster will befall the perpetrators' households; secondly, there is no legal basis for prohibiting the marriage of dozens of besan from the text; third, the Langkat MUI is of the view that the tradition of banning the marriage of lusan besan must be abandoned.
Analisis Aborsi Bagi Perempuan Menikah Di Kecamatan Tanjung Pura Fira Humaira
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

This thesis discusses abortion. Abortion is an act of abortion. In Indonesia, this action is a prohibited act and is included in the chapter on crimes against life in the RKUHP and the Health Law. Even though it is legally prohibited, in reality abortions are still mostly carried out by women for various reasons due to the fact that existing regulations and laws are not in accordance with the reasons that force women to have abortions. In general, abortion can be divided into 2 types, namely accidental abortion and intentional abortion. Accidental abortion is an accidental abortion that occurs without any action.While intentional abortion is an abortion that occurs as a result of an action. Abortion in this second form can be divided into 2 types, namely abortion artialis therapicus and abortion procatus criminalis. The findings of research on P, a housewife who had an abortion for reasons of close pregnancy and fear of endangering the child to be born. This statement raises several questions: What is the law on abortion for married women? How is the practice? Is the treatment justifiable? To obtain answers to these questions, this study used a qualitative descriptive approach with data collection techniques in the form of observation and interviews. Here the researchers took several legal sources such as: the Qur'an, MUI Fatwa, and the Health Law in solving existing problems. The research collected data from interviews and other research methods. Based on the analysis of these data it can be concluded that abortion law in Islam and the Health Law allows it to be done if it is in an old and emergency situation, otherwise it cannot be justified
Istibdal Wakaf Harta Bergerak Dan Tidak Bergerak Menurut Undang-Undang Wakaf Dan Mazhab Syafi’i Ipan Yusup; Suaib Lubis
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Abstract

Istibdal waqf is replacing the waqf property with another because there is a benefit or must be replaced on condition that the muwakif determines that it is permissible to make istibdal of the waqf assets. Basically the sale of waqf assets is prohibited, because the purpose of waqf is so that these assets can be used forever. Istibdal of waqf assets in Indonesia has occurred several times. In some cases of selling waqf assets, the type of waqf assets being sold is land. From this background, it is necessary to conduct research by referring to laws and fiqh schools that are adhered to by the majority of the Indonesian population. This study aims to determine the istibdal of waqf of movable and immovable objects according to waqf laws, the Madhhab Shafi'i of thought, and to choose a strong opinion between the two. The type of research used by the authors is library research with a qualitative approach. The datas were collected using documentation techniques, with primary data from fiqh books of the Shafi'i and Law Number 41 of 2004 concerning Waqf, and secondary data from books, journals, and expert opinions. The datas are then collected, collated, and analyzed. The results of his research are: first, istibdal waqf according to the Waqf Law is basically prohibited, except in conditions as described in Article 41 of the Waqf Law; second, the Madhhab Shafi'i forbids istibdal; third, the researcher chose to strengthen the istibdal provisions regulated in the Waqf Law.

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