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Analisis Fatwa Mui Sumatera Utara Tentang Penjualan Kulit Hewan Kurban Di Kelurahan Pekan Tanjung Pura Ade Irza Zuliansyah; Ahmad Sanusi Luqman2
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Sacrifices are offered as a form of taqarrub to Allah, that is, to get closer to Him. Sacrifice is an animal that is slaughtered on Eid al-Adha and tasyriq days. At the time of slaughter, the ownership of the victim is lost. Therefore, it is forbidden to sell qurbani skins, as the MUI of North Sumatra has decreed. As happened in Pekan Tanjung Pura sub-district, in several prayer rooms the committee did not distribute sacrificial skins. The reason is because in that area it is difficult for the recipients of the sacrificial meat to process the sacrificial skin. Therefore, they sell the sacrificial skins to gravel workers or ox skin traders, and the proceeds from the sale are used by the committee or put into the mushalla treasury. From these problems, it is necessary to conduct research related to the sale of sacrificial animal skins in the Pekan Tanjung Pura Village, and an analysis of the North Sumatra MUI Fatwa on this sale. This study aims to determine the practice of selling sacrificial animal skins in the Pekan Tanjung Pura Village, as well as knowing the contents and analysis of the NS MUI fatwa regarding the sale of sacrificial animal skins. The type of research used is field research with a qualitative approach. The data were collected using interview and observation techniques, with primary data coming from interviews with the qurban committee and NS MUI fatwa, supported by secondary data coming from books and fiqh books. Furthermore, the data is then organized, synthesized, arranged into patterns, and concluded. The results of the research are: first, NS MUI in its fatwa forbids the sale of sacrificial animal skins; second, the committee considers the sale of sacrificial animal skins to be khilafiyah and may be sold; third, the sale of sacrificial animal skins at Tanjung Pura Week is illegal based on the NS MUI Fatwa.

Hak Nafkah Istri Dan Anak Yang Dilalaikan Suami Studi Kasus Masyarakat Desa Sanggalima Kecamatan Gebang Rizkia Farhani
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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The results of the research conducted show that the causes of husbands neglecting their right to provide for their wives and children are due to three main causative factors. The first reason is that her husband has an affair or a third person in his household life. Husbands begin to neglect the right to support their wives and children because they share with their mistresses. Gifts for their children have also decreased considerably and attention to their families has diminished. The second cause is that the husband is involved in drug abuse in the form of drugs, one of which is methamphetamine, which is the common enemy of this nation. The husband has neglected the right to a living for his wife and children because of his involvement in drugs. Many wives have been neglected by their husbands because of the abuse of illegal drugs in the form of narcotics. Husbands no longer give maintenance rights to their wives and children because the money they earn is used up to buy these illicit goods. This is of course very dangerous for the lives of their families and children because it threatens the future of the family, especially their children. It is very important for the family to stay away from these drugs because it will plunge the user into crime. The third problem that causes husbands to neglect their right to support their wives and children is the low income earned by husbands. the factor of the small income of the husband who works as a casual worker is one of the reasons for the small income that his husband gives. Sometimes even sometimes there is no right to provide a living because there is no income. The integrity of the household is very important for the respondent because it maintains the good name of the family. Respondents were also embarrassed when they got divorced because they were classified as old and should have been wiser in fostering a household relationship. Fostering a household must be able to position itself as a wise parent and build a family by setting a good example for their children. She still accepts the right to subsistence that her husband neglected and she is willing to participate in earning a living to meet the needs of her family. The husband's obligations should be fulfilled properly and the key is that the husband must be persistent and enthusiastic in fulfilling a living for his family because that is a worship in the sight of Allah

Implementasi Harta Gono Gini Secara Hukum Islam Menurut Pandangan Masyarakat Desa Sangga Lima Kecamatan Gebang Yuni Lestari; Asâ€™ad Badar
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Scholars' studies on gono-gini have given rise to the opinion that gono-gini assets can be included as qiyas as syirkah. Mutual assets can be equated or classified into syirkah assets, namely assets accumulated during marriage must be divided proportionally in the event of a divorce. Wealth can be classified as qiyas with syirkah because it is understood that a wife can be counted as a working partner (share), even though she does not directly work in the real sense. The view of Islamic law allows a marriage agreement to be held before the marriage is carried out in the form of merging personal property of each into joint property, it can also be stipulated regarding the combination of the results of the private property of each husband and wife and it can also be stipulated that there is no merging of private property of each property. with husband and wife. Article 37 Law no. 1 of 1974 concerning Marriage and Articles 96 and Article 97 of the Compilation of Laws, it is stated that if a marriage is broken up either by divorce or by death, each husband and wife will receive half of the joint assets acquired during the marriage. This provision is in line with the Indonesian Supreme Court Jurisprudence No. 424.K/Sip.1959 dated December 9, 1959 which contains a legal abstraction that in the event of a divorce, each party (husband and wife) gets half of their joint property (gono-gini).Respondents conducted interviews regarding the divorce has been carried out through the mechanism of the religious court. However, there is no discussion of the division of joint assets during divorce in court so that the process of sharing joint assets is carried out with each other's understanding without a court process so that one party is still dissatisfied but they do not take steps to settle it in a religious court. After there was no common ground, one of the respondents submitted a request to the religious court for the distribution of joint assets, but at the time of the research, there was no court decision because the court was still handling the process regarding the distribution of the house currently occupied by his ex-wife. Community leaders interviewed by researchers who work as the teacher provides good knowledge regarding the distribution of assets going back and forth because of his education and experience seeing the conditions of the surrounding community. He explained that joint property is property acquired after marriage and must be divided according to the provisions of each half of the property. Meanwhile, inherited assets cannot be divided because they are assets acquired prior to the marriage and are fully the rights of each, unless there is a prior agreement.

Tradisi Pecah Kendi Pada Masyarakat Suku Jawa Di Kecamatan Brandan Barat Ramadhani Fahlevi
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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One of the customs in marriage in Indonesia, namely in Javanese traditional weddings, one of the series of wedding ceremonies in the customs of this tribe is Pecah Kendi. The custom of Pecah kendi is a culture of the Javanese ethnicity which continues to be maintained and preserved. As happened in the village of Sei Tualang, Brandan Barat District, the meaning of breaking a jug is to open the door of sustenance for those who do it. The tradition of breaking kendi in this village has taken root, especially for Javanese people who are getting married. The breaking of the jug is carried out after the marriage ceremony is held when the bride and groom meet (nemokkan). From this background, it is deemed necessary to conduct research related to the tradition of breaking the jug in marriage, especially regarding the practice that occurred in Sei Tualang Village, Brandan Barat District. This study aims to determine the tradition of breaking the jug at marriage in Sei Tualang Village, Brandan Barat District, the background of this tradition, and the Langkat MUI's opinion regarding it. The type of research used is field research with a qualitative approach. The data were collected using interview and observation techniques, with primary data sourced from interviews with the Langkat MUI, supported by secondary data sourced from relevant studies. Data analysis is done by organizing data, synthesizing, compiling into patterns, and making conclusions. The results of his research are: first, the tradition of breaking a jar in Brandan Barat District uses certain materials and stages which all have meaning; second, the roots of this tradition are the reason why this tradition cannot be separated from weddings; third, the Langkat MUI allows this tradition if it does not conflict with sharia, and prohibits it if it does.

Perlindungan Anak Dalam Jamaah Tabligh Desa Perlis Perspektif Undang-Undang Perlindungan Anak Muhammad Randa Randa; Syahrul Affan; Kamaliah R
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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As a da'wah community that upholds the mission of amar ma'ruf nahi mungkar, members of the Tablighi Jamaat in Perlis Village preach by carrying out khuruj or leaving their hometown to another village, even abroad with the aim of upholding sunnah and jihad fisabilillah.. When a husband commits Khuruj, sometimes does not provide maintenance for months. Obligations such as providing for a wife and children are abandoned, even though children have needs that must be met by their parents. From these problems, it is necessary to conduct research related to child protection from the point of view of the Tablighi Jamaat and the Child Protection Act. This study aims to find out the condition of the Tabligh Congregation in Perlis Village, their opinion regarding child protection and a review of the Child Protection Law against it. The type of research used is field research with a qualitative approach. The data were collected using interview, observation and documentation techniques, with primary data from interviews with members of the Tablighi Jamaat and the Child Protection Act, as well as secondary data in the form of books, journals and expert opinions. These data are then collected, grouped, and analyzed. The results of the research are: first, the Tabligh Congregation in Perlis Village has existed for quite a long time, namely since before 2007; secondly, Members of the Tabligh Jamaat in Perlis Village are of the view that earning a living for children and family is still mandatory, but khuruj is more important than earning a living; third, the neglect of children as stated in the Law is very likely to occur in Jamaah Tabligh children in Perlis Village, because within the Jamaah Tabligh community there are various groups from low, middle to high economic class

Peran Ulama Desa Teluk Meku Dalam Menanggulangi Praktik Nikah Siri Joko Satria; Muhmmad Saleh; Diyan Yusri
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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The Siri Marriage legal system in Indonesia does not recognize the term "Siri Marriage" and the like, and does not specifically regulate it in a constitutional regulation. This term is given to marriages that are not registered and are considered to have been carried out without fulfilling the provisions of the law, particularly regarding the registration of marriages as regulated in Law no. 1 of 1974 concerning marriage contained in article 2 paragraph 2 which states that "Every marriage is recorded according to the applicable laws and regulations" all this is done in order to avoid what is called harm. So the role of the Ulama is a figure who has a charismatic aim to broadcast Islam to people's lives so that they carry out God's commands and stay away from God's prohibitions and are highly trusted and make role models by the community to build Islamic civilization so that people's lives are Islamic and consistent with their religion in accordance with Al- Qur'an and Hadith of the Prophet Muhammad and have an impact on the behavior of the social life of the community. Based on this analysis, it can be seen that marriage is not enough just to have an oral contract between the two parties (the prospective groom and the prospective bride), but what is far more important is to record the marriage contract so that valid written evidence can be obtained. . With this evidence, the couple can avoid harm in the future because this written evidence (in the form of a marriage certificate) can legally process various household issues, especially as the most powerful evidence in a religious court.

Peran Pemerintah Dan Ulama Terhadap Tinginya Angka Perceraian Di Kecamatan Stabat Kabupaten Langkat Rasyid Al Madjid
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Divorce is indeed one of the events that is very scary and has a big impact on the family, especially the husband, wife and children. The causes of divorce also vary, such as failure to communicate, infidelity, domestic violence, economic problems, early marriage, cultural changes, and so on. The purpose of this method is to collect data in a natural setting, therefore it is called a naturalistic method. To achieve this goal, researchers need to go directly to the field to collect data. This type of research method is often used to develop theory and gain understanding of social phenomena. This involves collecting data from natural settings and using the researcher as the main instrument to collect data through observation, interviews and other techniques. Data description is a description of the data used in a study. In testing the description of this data, the researcher tries to find out the description or condition of the respondents who are the sample in this study. As for the factors or reasons for the parties filing a divorce case, there are several factors, the most dominant being the factor due to continuous disputes, economic factors and there are also several other factors such as leaving one of the parties.

Asal Usul Dan Status Keperdataan Anak Akibat Pernikahan Siri (Putusan Nomor 241/PDT.P/2022/PA.STB) Nurmala; Azhar
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Children are said to be a legitimate child if he or she is born in a valid marriage and is carried out in accordance with religion and belief and has been registered with a marriage certificate official. In this research, this is a case regarding the application for the origin of a child born from a serial marriage where the parents then remarried in a formal manner. Office of Religious Affairs (KUA). The application for the origin of the child aims to obtain the child's identity in the form of a birth certificate. This case was determined by the Stabat Religious Court with case number 241/Pdt.P/2022/PA.Stb. There are three points that are the main focus of this issue, with the aim of knowing the status of children resulting from unregistered marriages according to the provisions of Islamic law, then the decision of the Stabat Religious Court on the origin of children resulting from unregistered marriages as well as the considerations of the Stabat Religious Court Judges in determining the child's origin case. This study uses a qualitative method. Data analysis using descriptive methods. This type of research uses research methods through normative methods with a case approach obtained from secondary legal materials (literature review). Data collection techniques with documentation supported by interviews as validation. The conclusion of this research is that the petition for the origin of the child was granted by the Panel of Judges at the Stabat Religious Court, determining that a child who is 4 years old is a legitimate child, namely a child born in or resulting from a valid marriage and charging all court costs to the Petitioner.

Pembayaran Mahar Secara Cicilan Dalam Perkawinan Menurut Pandangan Imam Syafi’i Yuvira Andini Lubis; Alang Sidek; Suaib Lubis
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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Marriage in Islam is seen as an ideal relationship to unite only men and women, but marriage is a social bond with duties and responsibilities that are obligatory between husband and wife. These two things sometimes become a material and moral burden, especially for men in general. Payment of the dowry can be done according to ability or adapted to the circumstances and customs of the community. The dowry can be carried out or given in cash or debt, whether you want to pay in part in cash and in part in debt. The factors that push the dowry to be owed or paid in installments are economic factors that make the man object, where a prospective husband cannot give it in cash, and the factor that causes the dowry to be owed is that the dowry requested by the woman is too high because the dowry is too high. what he asked for was the dowry he dreamed of. The method used in this research is a qualitative method, namely more emphasis on aspects of in-depth understanding of a problem. Data analysis using descriptive methods. This type of research is normative legal research that examines literature studies, namely research with secondary data (literature review). The results of this research explain that payment of the dowry in installments according to Imam Syafi'i allows the suspension of all or part of the dowry for a known period of time.

Status Nasab Dan Kewarisan Anak Hasil Sewa Rahim Perspektif Majelis Ulama Indonesia Dan Kompilasi Hukum Islam Nadia Septi Pratiwi; Muhammad Habib
Journal Smart Law Vol. 2 No. 1 (2023): September
Publisher : Peduli Riset dan Pengabdian Masyarakat

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and the inheritance status of children resulting from renting a womb from the perspective of the Indonesian Ulema Council and the Compilation of Islamic Law. This type of research is normative juridical, where this research is studied using library data in the form of books as the source. The method used in this research is a qualitative method, namely more emphasis on aspects of in-depth understanding of a problem. Data analysis was carried out using descriptive analysis and comparative methods. The results of the research explain that based on the fatwa submitted by the Indonesian Ulema Council, it can be concluded that the law of renting a womb (surrogacy) using a womb other than the wife's womb (for example, another woman's womb) is haram, whereas in the Compilation of Islamic Law to date this has not been specifically discussed in detail. regarding womb rental law. The fate of the practice of renting a womb rests with the mother who carries out the birth process. Because children born to surrogate mothers are considered to be children resulting from adulterous relations, the child's hereditary relationship is linked to the mother who gave birth, not to the biological parents. The inheritance status of children resulting from renting a womb is based on the fatwa of the Indonesian Ulema Council and the Compilation of Islamic Law, strengthened by the legislation in force in Indonesia, so it can be concluded that the inheritance status of children resulting from renting a womb is classified as an unrecognized illegitimate child or a child resulting from adultery, if the mother The surrogate has the status of a widow or maiden, because in inheritance law what causes inheritance between the heir and the heir is the existence of a kinship and marriage relationship, while the child born to a surrogate mother does not have a marital relationship

Home Page

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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

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Abstract

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Abstract

Abstract

Abstract

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