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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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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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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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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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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 Syafiâ€™i Ipan Yusup; Suaib Lubis
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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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.

Pelaksanaan Perceraian Pada Masyarakat Muslim Di Pulau Kecil (Studi Kasus Desa Pulau Kampai Kecamatan Pangkalan Susu) Muhammad Hasbi; Muhammad Saleh; Azhar
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Marriage According To Law No. 1 Of 1974 Is An Inner And Outer Bond Between A Man And A Woman As Husband And Wife With The Aim Of Forming A Happy And Eternal Family (Household) Based On Belief In One And Only God. However, In Carrying Out These Ideals, Sometimes A Household Experiences Problems That End In Separation Or Divorce. Then, As A Form Of Upholding Justice For The Indonesian People In Terms Of Implementing Divorce, The Government Has Determined That The Implementation Of Divorce Recognized By The State Is Through A Court Process. Even Though Government Regulations Have Stipulated This, For The Muslim Community In The Small Island Area, The Implementation Of Divorce Is Sometimes Not In Accordance With Existing Regulations, Because Of The Lack Of Transportation Facilities And The Condition Of The Area That Is Far From The Location Of The Judiciary And Also Because Of The Limited Economic Conditions Of The Community. In Addition To This, The Public's Understanding Of The Legality Of Religious Divorce Without Going Through A Judicial Process Has Become One Of The Factors That Has Led To Many Muslim Communities In Small Islands Only Seeing This Regulation As Merely An Administrative Order. Then For The Sake Of Creating Justice For Society And Also Because Of The Importance Of Orderly Administration Of The Status Of Each Resident, There Needs To Be Attention And The Best Solution From All Existing Stakeholders, Be It The Government, Religious Leaders Or The Community Itself.

Pandangan Pengurus Mui Kota Binjai Mengenai Peringatan Hari Wafat Ulama (Haul) Muhammad Rifa'i
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Haul which in Arabic means year, while for the Indonesian people it has a special meaning, namely : a religious activity to commemorate the death of someone who is represented by the guardians, scholars or kiyai. The commemoration of this haul has been ingrained in this beloved land of Indonesia, I don't know when it started and who started it, what is clear is that this warning has become a tradition that is rooted everywhere, without the slightest doubt in those who do it. Until finally, anti-haul groups emerged. This group attacked so fiercely that finally it raised questions and expressions why the ulama were not the Messenger of Allah, even though the Prophet was the only uswah hasanah, the main role model and guide for all humans? To obtain the answer to this question, this study was directed to literature research and interviews with several Binjai scholars. With the aim of knowing the legal views regarding haul warnings from the scholars, whether it is allowed or not. Therefore, the data that has been collected is analyzed qualitatively, namely the type of data in the form of information, both oral and written, which are not numbers. The data is grouped to make it easier to filter which data is needed or not. After grouping the data, the writer describes it in text form, to make it more understandable, after that the writer draws conclusions from the data so that it can provide answers to the research problem.

Kedudukan Anak Dalam Perkawinan Batal Karena Wali Tidak Sah Di Pangkalan Susu Muhammad Syauqy
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Marriage annulment is a request by a husband, wife, or both of their families to the Islamic Courts because a defect in the conditions or pillars of marriage. An annulled marriage declared never occured since the contract took place. This problem occurred in the marriage of Anizar and Joko Prayetno, residents of Sei Siur village, Pangkalan Susu district. The marriage was declared void by several ustadz and KUA officers, because they considered Anizar's father was not qualified as guardian. From these problems, it is necessary to conduct research to find out the review of Marriage Law and Compilation of Islamic Law regarding invalid marriages and status of lineage resulting from invalid marriages. The research was conducted using field research methods with a qualitative approach. Datas were obtained using interview techniques, observation and documentation in the form of Marriage Law and Compilation of Islamic Law, along with supporting data taken from relevant sources such as law books, fiqh books and journals. The datas are then grouped and analyzed. As a result, the marriage of Anizar and Joko Prayetno cannot be said to be invalid because Anizar's father never denied his lineage, so the marriage was valid. Regarding the lineage of the child, the lineage of the child in a void marriage is connected to his parents, and his father is eligible as the guardian.

Problematika Talak Suami Kepada Istri Di Luar Pengadilan (Studi Kasus Talak Di Kecamatan Babalan) Nikman Nashirin
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Divorce is the release of bonds, both of which look like the marriage bond which is the relationship that exists between husband and wife. Divorce is defined in terms that talak is eliminating marriage or reducing its halalness with special words. The problem that occurs is that there is a difference in the Fatwa of the Indonesian Ulema Council that the divorce handed down by a husband against his wife outside the Religious Courts is legally valid, whereas according to the Compilation of Islamic Law and also the law reveals that a divorce is considered to occur along with the reasons were since after the Religious Court was unable to reconcile the two parties. This problem raises questions regarding the law of divorce from husband to wife outside the Court according to the Fatwa of the MUI of North Sumatra Province Number 4 of 2011, then how is the law of divorce from husband to wife outside the Court according to KHI, and what are the legal consequences of divorce outside the Religious Court. From these questions, research needs to be done to answer them. The research was conducted by collecting primary data in the form of Fatwa MUI of North Sumatra Province Number 4 of 2011 and KHI, as well as secondary data taken from books, theses, journals and websites related to this research. As a result, according to the Fatwa of the North Sumatran MUI, divorce outside the court is legal and must submit an isbat divorce to the Religious Court so that the divorce is registered. Meanwhile, from the KHI side, with the regulation regarding divorce only falling in the Court, there should be no more conflict regarding the non-falling of divorce outside the Religious Court session.

Suntik TT (Tetanus Toksoid) Yang Dijadikan Syarat Administrasi Nikah Ditinjau Dari Konsep Maslahah Mursalah Sri Utami Widia Ningsih
Journal Smart Law Vol. 1 No. 2 (2023): Maret
Publisher : Peduli Riset dan Pengabdian Masyarakat

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In marriage, the bride and groom must fulfill several conditions, both requirements according to Islamic law and administrative requirements in the Office of Religious Affairs (KUA). One of the administrative requirements is to attach a certificate of TetanusToxoid injection obtained from the local Health Center. There is no clear legal provision regarding the obligation to inject Tetanus Toxoid in Islamic law, because the ingredients for the tetanus vaccine are not known to be halal and haram, so it is also necessary to know what the opinion of the clergy regarding vaccines is used as a condition for administering marriage. The administration of the Office of Religious Affairs (KUA) is strongly encouraged to inject Tetanus Toxoid, even if the bride and groom do not injectTetanus Toxoid as evidenced by a Tetanus Toxoid certificate they will be subject to sanctions. That's why in writing this scientific work it is also necessary to know the legal status of the Tetanus Toxoid injection which is used as a requirement for marriageadministration in terms of the Maslahah Mursalah concept. The research method used is library research (Library Research) on Tetanus Toxoid injection which is used as a requirement for marriage administration in terms of the Maslahah Mursalah concept.From the data that has been collected, it is then analyzed using the Usul Fiqh approach because this scientific work includes the arguments and thoughts of the Fukaha, and in thinking or drawing conclusions it uses a deductive thinking method. From the results o this study it was concluded that Tetanus Toxoid injections that have not been regulated inthe terms of Islamic law and are required in the administrative requirements of marriage have a positive impact on the bride and groom. Even though the ingredients of the tetanus vaccine are initially harmful to the body, after going through a neutralization process with insulin, then the harmful ingredients become disease barriers or drugs as immunity. So that such a desire creates Maslahah and keeps mafsadat away from humans. Meanwhile, in terms of Maslahah Mursalah, Tetanus Toxoid injections aim to protect wives from contracting tetanus when having sex with their husbands, anticipating wives who giv birth from tetanus due to less sterile equipment, and protecting babies from contracting tetanus when cutting the umbilical cord possibly due to lack of sterility of the tool or exposed to dirt that is not cleaned immediately

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Muhammad Ilham

Contact Email
muhammadilhampba1@gmail.com

Phone
+6285331244040

Journal Mail Official
smartlawjournal@gmail.com

Editorial Address
Jln. Binjai No. 99 Kelurahan Pekan Tanjung Pura Kec. Tanjung Pura Kab. Langkat, Sumatera Utara

Location
Kab. langkat,

Sumatera utara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Ilham

Contact Email muhammadilhampba1@gmail.com

Phone +6285331244040

Journal Mail Official smartlawjournal@gmail.com

Editorial Address Jln. Binjai No. 99 Kelurahan Pekan Tanjung Pura Kec. Tanjung Pura Kab. Langkat, Sumatera Utara

Location Kab. langkat, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Ilham

Contact Email
muhammadilhampba1@gmail.com

Phone
+6285331244040

Journal Mail Official
smartlawjournal@gmail.com

Editorial Address
Jln. Binjai No. 99 Kelurahan Pekan Tanjung Pura Kec. Tanjung Pura Kab. Langkat, Sumatera Utara

Location
Kab. langkat,

Sumatera utara

INDONESIA