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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 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2022): September" : 5 Documents clear
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.  

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